Search Results

1. Poihegatama v Accident Compensation Corporation [2024] NZACC 119 (18 July 2024) [pdf, 265 KB]

   ...participate in these activities with his children when they visit. [2] The Corporation declined the application on 3 February 2023, stating that: ACC has carefully assessed all the information available and finds that we’re unable to accept your request for a 4x4 recreational vehicle. This is because ACC have already previously met your injury related transport needs, which allows you to achieve community accesses/participation and undertake activities with your children. T...

2. [2019] NZEmpC 153 Savage v Wai Shing Ltd [pdf, 545 KB]

   ...http://www.legislation.govt.nz/act/public/2000/0024/latest/link.aspx?id=DLM60387#DLM60387 [12] In Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer (Labour Inspector), the Court of Appeal confirmed that background events may form part of the relevant context, for example, in determining the nature of the asserted default.3 [13] The principles relating to the exercise of the jurisdiction have been long established. In Fletcher Development and Constructi...

3. ORC & Kai Tahu Ki Otago - EIC - Edward Ellison - 17 September 2021 [pdf, 554 KB]

   ...2019-2024, an accredited RMA Hearings Commissioner, and I represent Kāi Tahu ki Otago Rūnaka on the Otago Regional Council (ORC or Council) Strategy and Planning Committee and the Land and Water 4 Regional Plan Governance Group. I am a former Manager Iwi Liaison at ORC and former Deputy Kaiwhakahaere for Te Rūnanga o Ngāi Tahu. 3 I have many years of experience in engaging with local authorities and Crown agencies on environmental management matters on behalf of Te Rū...

4. [2012] NZEmpC 20 White & Others v Reserve Bank of New Zealand [pdf, 148 KB]

   ...plaintiffs had filed their application for removal. The Authority did, however, accept that the issues involved were complex and involved potential jurisdictional difficulties. [3] The plaintiffs, with the exception of Mr Ian Harrison, are all former employees of the defendant, who for convenience I shall refer to simply as “the Bank” or “the defendant”. Mr Harrison continues to be a Bank employee. All the plaintiffs were members of the Bank’s Staff Superannuation and...

5. Tioro v McCallum - Estate of Ngapiki Waaka Hakaraia [2015] Māori Appellate Court MB 483 (2015 APPEAL 483) [pdf, 228 KB]

   ...justice are “flexible”, “adaptable”, and “context specific”, and cannot be neatly tabulated: “This is an area of broad principle, not precise rules”. Prescribing prescriptive rules of universal application would introduce “a new formalism” – a “recipe for judicialisation on an unprecedented scale”. The courts will look at the matter “in the round” to determine whether the process was fair. Higher standards of fair treatment are required where a decisi...

6. [2017] NZEmpC 4 Marx v Southern Cross Campus Board of Trustees [pdf, 137 KB]

   ...of Police that: 13 [12] The authorities show that some special circumstance must be found to exist to warrant the ordering of a rehearing. It would be an impossible burden on this Court if a rehearing under cl 5 could be obtained merely by request and there is a strong countervailing public interest consideration in having finality to litigation. [17] While the kinds of circumstances in which a rehearing will be granted are not closed, the sort of cases in which an application...

7. [2020] NZEmpC 177 MacKenzie v Huntington’s Disease Association (Auckland) Inc [pdf, 242 KB]

   ...for any further leave taken. The proposal was that when she returned to work, sick leave and annual leave would be reinstated as they accrued due and returned to positive balances. As Ms Mackenzie was not working during the agreed leave, HDA requested return of the motor car she used as well as the work mobile phone and work credit card. Ms Mackenzie endeavoured to make some point about this in evidence but I regard the request as reasonable in the circumstances. [22] After t...

8. Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe (2019) Chief Judge's MB 1414 (2019 CJ 1414) [pdf, 258 KB]

   ...(b) That the person or persons entitled to obtain a grant of administration of the estate of the deceased person do not intend to seek any such grant; and (c) That there is no reason apparent why the estate of the deceased person should be formally administered; and (d) That the value at the date of death, of the interests in land affected by the application did not exceed $4,000; and (e) Where the deceased person is known to have owned beneficial freehold interests in Maori f

9. LCRO 75/2022 BG v HC (25 October 2022) [pdf, 212 KB]

   ...action on a number of the matters) included a consideration of the fee issue. [99] As noted, a more comprehensive examination as to the reasonableness of the fees charged by BG would likely have been achieved if the Standards Committee had made request of BG to provide his files. That may well have clarified in more detail the extent to which BG had addressed the cost/risk factors when first taking instructions from HC. [100] I am satisfied however that there is sufficient inform...

10. Dovey v Accident Compensation Corporation (Claim for mental injury) [2025] NZACC 49 (25 March 2025) [pdf, 199 KB]

    ...about June/July 2020, Mr Dovey experienced a “psychotic episode”, during which he displayed intent to harm himself and the perpetrator of his assault. The episode was brief, and no actual harm resulted. [8] On 27 July 2020, Mr Dovey’s GP requested that cover be added for concussion after Mr Dovey reported nausea, dizziness and headaches. The Corporation accepted the claim for cover for concussion. 3 [9] On 21 November 2020, Mr Matthew Manderson, Neuropsychologist, carrie...