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1. Waaka - Te Manawa o Tuhoe A block (2014) 103 Waiariki MB 2 (103 WAR 2) [pdf, 267 KB]

   ...Manawa o Tuhoe have unsuccessfully applied to make the payment on an ex-gratia basis; Nika-Te Manawa o Tuhoe (2012) 54 Waiariki MB 16. 5. The statutory considerations for payment under s72 of the Trustee Act 1956 are satisfied. [3] The present claim is now made on a slightly different basis. It is now said that the proposed payment would not be an ex-gratia payment but a perfectly proper recognition for the work that Mr Waaka did. [4] At the first calling of the matter and with...

2. Baigent v ACC [2011] NZACA 3 [pdf, 166 KB]

   ...qualify for the grant of leave: e.g.; impact manufacturing reported, Doogue J, HC Wellington, AP 266/00, 6 July 2001; 3 (iii) Care must be taken to avoid allowing issues of fact to be dressed up as questions of law; appeals on the former being proscribed: e.g. Northland Cooperative Dairy Co Limited v Ropana [1991] 1ERNZ 361, 363 (CA); (iv) Where an appeal is limited to questions of law, a mixed question of law and fact is a matter of law: CIR v Walker [1963] NZ...

3. Morgan v ACC [2011] NZACA 2 [pdf, 188 KB]

   ...France J, He Wellington, AP 287101, 15 October 2002; 3 Manufacturing unreported, Doogue J, HC Wellington, AP 266100, 6 July 2001; (iii) Care must be taken to avoid allowing issues of fact to be dressed up as questions of law; appeals on the former being proscribed: e.g. Northland Cooperative Dairy Co Limited v Rapana [1991J 1ERNZ 361, 363 (CA); (iv) Where an appeal is limited to questions of law, a mixed question of law and fact is a matter of law: CIR v Walker [1963J NZLR...

4. Hodgson v Accident Compensation Corporation (Work-Related Personal Injury) [2024] NZACC 40 [pdf, 326 KB]

   ...26; Section 28) _____________________________________________________________________ [1] At issue on this appeal is the decision of Talley’s Group Limited Injury Management Unit’s decision of 21 December 2021 declining the appellant’s claim for cover for a work related personal injury on the basis that no physical injury could be attributed to an accident during the appellant’s employment at AFFCO reported on 13 February 2021. [2] The first respondent, the Accident Co...

5. [2015] NZEmpC 157 Labour Inspector v Cypress Villas Ltd full court [pdf, 515 KB]

   ...her minimum holiday pay requirements. It required CVL to pay these sums to the Labour Inspector for the use of Ms Northcroft, together with ongoing interest, but the Authority declined to award a penalty against CVL as the Labour Inspector had requested. [17] At the same investigation meeting, the Authority then turned its attention to the Labour Inspector’s application for authorisation to bring a s 234 proceeding against Mr Brill. The Authority was satisfied that, pursuant to...

6. [2022] NZACC 145 – Stojicevic v ACC (26 July 2022) [pdf, 434 KB]

   ...disc prolapse with radiculopathy in any of the three accident events. Background [3] On 28 June 2018, the appellant had an accident at work when lifting a 20-Litre oil container. [4] The same day, her GP, Dr Nadela, completed an ACC injury claim form seeking cover for a lumbar sprain and certifying the appellant unfit for work for two days. [5] The appellant had another accident on 13 July 2018 when she slipped on a wet floor and hurt her back. The claim form records lumbar...

7. LLC v ICQ [2012] NZIACDT 10 (28 March 2012) [pdf, 137 KB]

   ...the papers before the Tribunal. [17] The written agreement accurately identified the difficulties with a section 35A application. It is unsurprising that Ms ICQ would have a further oral discussion regarding the difficulties Ms LLC faced, as she claims. The record is not consistent with an adviser who was acting in ignorance, under a mistake, or misleading her client. [18] Ms LLC’s assertion that she was not informed finds no support in the contemporaneous record. [19] The fee cha...

8. Waitangi Tribunal - He Whiritaunoka (Whanganui) chapter 28 [pdf, 857 KB]

   1457 Chapter 28 Findings and Recommendations 28.1 Introduction here, we set out in digest form the tribunal’s findings and recommendations, with rele­ vant Crown concessions. We reproduce our findings here in summary form for ease of reference. Not all chapters had findings. For some, there are findings but no recommendations. This depends on the subject matter. We make no findings or recommendations about events before 1840. We make findings but no specific recommendations about nine...

9. [2015] NZEmpC 77 Adams t/a Untouchable hair & Skin v Brown [pdf, 281 KB]

   ...do so, and that she had also booked in another client for insufficient time. Mr Adams understood Ms X had questioned Ms Brown as to why this had occurred. [36] He said that he then asked Ms Brown whether she had called the client as requested; her response was that she had attempted to do so four or five times. However he said that a check of the outward calls on the salon phone did not support Ms Brown’s assertion. He also telephoned the client who confirmed he had not...

10. [2018] NZEnvC 220 Middleton Family Trust v Queenstown Lakes District Council [pdf, 4.1 MB]

    ...Tucker Beach Road, Hansen Road and State Highway 6 via the fourth leg of the Hawthorne Drive roundabout 3 The Trust's proposed plan submission and related appeal [5] The Trust's Proposed Plan submission' explains that part of its requested relief pertains to three blocks of land shown on an attached map labelled Attachment A ('the Site'): (a) its own land, highlighted yellow on the map;2 (b) land owned by Walter John Rutherford , William Thomas Cooney...