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1. Forrest v Kamara Developments Ltd [2010] NZWHT Auckland 28 [pdf, 146 KB]

   ...established the claim for contribution of $43,519.67 against Mr Rudolph. [47] Ms Macky submitted that there is no need for the Tribunal to consider the contributions to settlement made by the other parties. I agree with that submission as no such request was made by any of the other parties to this proceeding. CONCLUSION AND ORDERS [48] The claimants‟ claim is appropriate to the extent of $207,401.66. For the reasons set out in this determination I make the followi...

2. Form 47 Public Protection Orders [pdf, 585 KB]

   Templates V12 – August 2017 page 1 08/17 form 47 Amendment to Grant Civil Legal Aid Fixed Fee/Fixed Fee Plus Public Protection Orders Legal aid file no. Lead provider’s ref. Name of aided person Name of lead provider Name of law firm Applicable fee schedule(s) Amendment sought: To replace fixed fee (start at A below) For additional work required when fixed fee has already been claimed (start at A below) For disbursemen...

3. Form 43 Victims Orders against Violent Offenders [pdf, 585 KB]

   Templates V12 – August 2017 page 1 08/17 form 43 Amendment to Grant Victims' Orders against Violent Offenders – Applicant and Respondents Fixed Fee/Fixed Fee Plus Legal aid file no. Lead provider’s ref. Name of aided person Name of lead provider Name of law firm Applicable fee schedule(s) Amendment sought: To replace fixed fee (start at A below) For additional work required when fixed fee has already been claimed (sta...

4. Smith v ACC [2010] NZACA 7 [pdf, 90 KB]

   ...would go back about seven years.” [31] On 29 November 2007 the Corporation issued its primary decision. The Corporation advised, inter alia: “ACC is unable to backdate your weekly compensation entitlement to 12 March 1992, as you have requested, as there is insufficient information available regarding the level of earnings at that time. You provided a letter from Bruce Howells, in which he stated that total turnover from fish was $365,000 to $385,000 per annum, and that you w...

5. 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...

6. 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...

7. 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...

8. [2025] NZEmpC 195 The Secretary for Education v NZ Post Primary Teachers' Association Incorporated Te Wehengarua [pdf, 175 KB]

   ...26 of the Act and/or cl 10.4.1(c) of the STCA, including whether “supervision” and/or “self-directed learning”, satisfies those requirements, in that they may support one or the other party’s case. [20] The Secretary has limited her request for disclosure to schools where the most recent paid union meetings have been held, and has confirmed that she is prepared to waive the requirement that NZPPTA list documents that have been in its possession, custody or control, but n...

9. 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...

10. [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...