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1. [2025] NZACC 089 - Smith v Accident Compensation Corporation (4 June 2025) [pdf, 179 KB]

   ...support Mr Smith’s entitlement to weekly compensation). [6] Mr Smith then sought backdated weekly compensation for the period from 1990/1991. The Corporation advised Mr Smith he was required to produce a medical certificate to support the claimed incapacity. In December 2004, a medical certificate was supplied, certifying Mr Smith unfit to work from March 1990 onwards. [7] On 13 June 2006, Judge Cadenhead determined that Mr Smith was entitled to weekly compensation from Marc...

2. Responding-to-the-Waitangi-Tribunal-recommendations-for-claimant-funding.pdf [pdf, 3.2 MB]

   ...following documents have been proactively released in accordance with Cabinet Office Circular CO (23) 4, "Proactive Release of Cabinet Material: Updated Requirements". Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released. Where that is the case, the relevant section of the OIA has been noted and no public interest has been identified that would outweigh the reasons for withholding it. No....

3. Koyama v New Zealand Law Society (Application by Defendant for Costs) [2013] NZHRRT 22 [pdf, 64 KB]

   ...proper for the Tribunal to wait until the completion of the process at the United Nations Human Rights Committee. I believe I have made it very clear on this matter. [18] We are of the view that it would be wrong to accede to this latest deferral request. It is now almost three years since the Tribunal decision was given on 19 July 2010 and experience shows that proceedings before the UN Human Rights Committee can be protracted. The delay involved will be measured not in months, but i...

4. [2023] NZEmpC 95 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 257 KB]

   ...which AvSec said would justify an increase. For the reasons I have already given, I am not persuaded there should be an uplift. [33] Next, I consider the AVOs’ point that their financial circumstances should be taken into account. At the request of the Court, detailed affidavits have been filed. [34] I am satisfied, on the basis of that material, that each AVO continues to face significant financial challenges due to loss of their AvSec income which they have not been able to...

5. [2024] NZEmpC 253 Johnston v Te Whatu Ora - Health New Zealand [pdf, 233 KB]

   ...Johnston without meeting the obligation to support him. Further, she submitted that the notification was a critical element of the employer’s decision-making process that is being challenged. Therefore, she submitted that the notification to OTBNZ forms part of his personal grievance for unjustified dismissal. [19] In respect of the first question of law, Ms Fechney submitted that the notification was premature and breached the employer’s obligations to explore reasonable ac...

6. [2015] NZEmpC 99 NZ Meat Workers Union Inc v South Pacific Meats Ltd [pdf, 249 KB]

   ...question about the procedure that the Authority has followed, is following, or is intending to follow; and (b) without limiting paragraph (a), to a question about whether the Authority may follow or adopt a particular procedure. [8] Again at the request of the Court, the Authority has subsequently stated fully the material facts of the problem or matter to which the question of law relates. 3 That was done by Minute of the Authority issued on 21 May 2015. [9] Observing that the...

7. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 28 [pdf, 216 KB]

   ...the prosecution was brought in bad faith or for some other improper purpose. It also noted that Ms Simes had advised the Committee that she had little left of her practice, so it did not consider her suggestion that the Committee’s failure to request certain files and detail was a material matter. This was in response to Ms Simes’ allegation of inadequate investigation and consideration of her affirmative defence by the Standards Committee. The Committee also noted that Ms Sime...

8. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...2010 Mr Deliu complained to the Lawyers Complaints Service (“LCS”) about correspondence Mr Hong had sent to two barristers in Mr Deliu’s chambers, and to an instructing solicitor. The correspondence arose out of civil proceedings brought by former clients of Mr Hong, and now represented by the two barristers, in which Mr Hong was named as a respondent. Mr Hong considered the claim entirely misconceived and in his correspondence was attempting to have them withdraw it. Given...

9. LD v TP [2024] NZDT 368 (4 June 2024) [pdf, 236 KB]

   ...complete consultation fee including emails and phone calls with respect to the school visit on 12 February 2024. CI0301_CIV_DCDT_Order Page 2 of 4 De-cluttering 11. During the visit to the respondent’s home on 8 February 2024, the applicant formed the view that the respondent needed organisation assistance with “de-cluttering” and mentioned she had a friend B who could assist with this. 12. The respondent was interested and said she was happy to work with B and pay he...

10. Copyright Licensing Limited v Universities of NZ [2014] NZCOP 1 [pdf, 79 KB]

    ...fact, CLL’s application for preservation of documents was settled in September 2013 on the basis that the documents sought would be preserved. Second, I was informed by Mr Brown at the hearing that CLL had made Offical Information Act (“OIA”) requests against information held by all 8 Universities. At the time of the hearing, 4 had complied with those requests, and the others were expected to do so. I take from that that the scope of discovery has been somewhat restricted, but perha...