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  1. 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...

  2. [2010] NZEmpC 90 NZ Fire Service Commission v Warner & Ors [pdf, 60 KB]

    ...subject of mistake by the employer. The allowances allegedly overpaid were paid to employees together with other salary and allowance payments in return for the performance by them of their work as fire fighters. The employer has taken up its requests or demands for repayment of overpaid allowances with the employees through their union which has taken up the cudgels on their behalf in resisting repayment. [39] The plaintiff’s action, being its proceeding in the Employment Rel...

  3. 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...

  4. [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...

  5. [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...

  6. Insley v Butler - Awanui Haparapara no 2B no 1B sec 2 (2022) 227 Waiariki MB 35 (227 WAR 35) [pdf, 404 KB]

    ...which likely increased as each repayment was made and the outstanding amount of the BMA loan reduced. [40] It was submitted that the subsequent agreement flowing from the owners meeting in 1954 had the effect of affirming the equitable trust formed in 1945, whereby the curtilage remained exclusive to the Butlers. It also provided that the other owners relinquished any ownership of the house in favour of the Butlers, subject only to the condition that the Butlers repay the BMA loa...

  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. [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [pdf, 435 KB]

    ...1 VBS v FCL [2018] NZERA Wellington 8 at [42]. 2 At [60]. Key provisions [7] Part 9 of the Act contains the provisions relating to the raising of a personal grievance which an employee may have against his or her employer or former employer. The key sections within that part are now set out. [8] Section 102 is the anchor provision, allowing an employee to pursue a grievance. It states: 102 Employee may pursue personal grievance under this Act An employee

  9. 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...

  10. Start New Zealand court proceedings against a person in Australia

    ...issues, such as divorce or the enforcement of spousal maintenance or child support court proceedings against property rather than a person (these are called actions in rem). Step 1: Follow the New Zealand process for the proceeding You should fill in the forms and file the documents with the New Zealand court by following the normal process for a New Zealand proceeding. For example, if you want to start a general proceeding, you should follow the process for general proceedings. You also have...