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1. Rankin v Accident Compensation Corporation (Revocation of Cover Mental Injury) [2023] NZACC 96 [pdf, 389 KB]

   ...received cover for a sprain of her shoulder and upper arm. [5] On 13 April 2015, Ms Rankin sustained a lumbar sprain injury while lifting/ moving a spa pool at her place of work. [6] On 21 April 2015, Ms Rankin saw Dr Patrick Ney, GP. An injury claim form was lodged for a lumbar sprain, when “lifting heavy object”, and Ms Rankin was certified as unfit for 14 days from 20 April 2015. The Corporation granted Ms Rankin cover for her claimed injury. [7] On 24 April 2015, a lum...

2. [2015] NZEmpC 150 Burrowes v Commissioner of Police [pdf, 224 KB]

   ...reinstatement. [4] I invited the parties to attempt to resolve any issues as to costs, and reserved leave for the making of a costs application if need be. The Court has been informed that the parties could not resolve this issue, and Mr Burrowes now requests the Court to make cost orders in two respects. [5] The first relates to costs in the Authority. In its costs determination the Authority ordered Mr Burrowes to pay to Police $17,500 for costs, and $1,500 including GST fo...

3. Wellington Standards Committee v Logan [2012] NZLCDT 38 [pdf, 210 KB]

   ...transitional provisions contained in that Act, where proceedings were first commenced after that date. [8] As a preliminary matter, counsel made submissions on the operation of the transitional provisions in LCA and the way that may affect the form of the charges that were laid to address the conduct concerned. Transitional provisions [9] For the Standards Committee, Mr J Upton QC submitted that as the conduct was all pre 1 August 2008, LPA was applicable. In that case,...

4. Auckland Standards Committee 5 v Ellis [2020] NZLCDT 16 (8 June 2020) [pdf, 98 KB]

   ...reputation of, and trust in, the profession. As we have indicated, this would normally result in your temporary or permanent removal from the profession, however that has already taken 6 place. We record a formal censure against you which forms part of your permanent record as a lawyer. Orders 1. A censure is administered as set out above. 2. There will be a s 257 order that the costs of the Tribunal in the sum of $2,393 will be paid by the New Zealand Law Society. 3....

5. [2019] NZEmpC 54 Hong v Auckland Transport [pdf, 437 KB]

   ...place on 9 February 2017 The proposed meeting took place on 9 February 2017. Mr Hong attended on his own. Mr Strawbridge, Mr Bidgood and Ms Clifton, AT’s Employment Relations Manager, attended for AT. At the meeting, Mr Hong requested clarification of some aspects of the letter he had received. In particular, he wanted to know what the lawful and reasonable instruction was that it was alleged he had refused to follow. In response, Mr Bidgood said it was not to r...

6. [2021] NZREADT 36 - Lindsay-Penalty (13 July 2021) [pdf, 279 KB]

   ...or a branch manager. (2) In this section properly supervised and managed means that the agency work is carried out under such direction and control of either a branch manager or an agent as is sufficient to ensure– (a) that the work is performed competently; and (b) that the work complies with the requirements of this Act. [8] The SFO investigation disclosed that Ms Johnston had filed incomplete and inadequate documentation through the Agency, including: [a] Only eight of th...

7. [2012] NZEmpC 10 Brunton v Garden City Helicopters Ltd [pdf, 77 KB]

   ...expenses incurred for management time, citing Forbes v Beca Simons Ltd, 9 where executive time was awarded. [11] After observing that the matter was complex, discovery was protracted and unnecessarily extensive because of the plaintiff’s requests, Mr McPhail submitted that it was highly relevant that the plaintiff was content with the contractual 6 [2001] ERNZ 305. 7 [2002] 1 ERNZ 438. 8 [2004] ERNZ 172. 9 AC 61/01...

8. Livingstone v Trustees of Lake Taupo Forest Trust – Lake Taupo Forest Trust (2013) 305 Aotea MB 188 (305 AOT 188) [pdf, 155 KB]

   ...of 2 [2003] 2 AC 709 3 CA65/99, 16 June 1999, Wellington 305 Aotea MB 191 performance the Court could enquire into and investigate the actions and decisions of trustees and could also request further reports for information. Ms Batt argued that any interventions taken by the Court during a review would have been for the purpose of bringing the application for review to a conclusion. [12] More importantly, counsel submi...

9. Taueki v The Trustees of Horowhenua 11 Māori Reservation (2011) 263 Aotea MB 210 (263 AOT 210) [pdf, 73 KB]

   ...set out in the Biosecurity Act 1993 rather than the resource consents as is contended by the applicant; (b) Horizons engaged with the trustees of the land and obtained their consent in relation to the purple loosestrife. This is evidenced by “form 109” consent form signed by 263 Aotea MB 213 the trustees. There has been adequate consultation. The applicant has been engaged with regularly and Horizons have acted in good faith and obtained clear permission from the tru...

10. [2017] EmpC 155 Quality Consumables v Hannah [pdf, 150 KB]

    ...principles of equity and good conscience. It is inconsistent with those principles for the respondent, who owes money to the plaintiff company, to now try and fetter the plaintiff company's right to challenge a determination of the Authority by requesting costs in the amount $20,293 to be ordered by way of security. (f) In addition there is a well-known principle that applicants who seek orders from the Court should have clean hands. This is not the case as Ms Hannah has r...