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1. Hurricanes Crusaders Chiefs v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 128 [pdf, 266 KB]

   ...provides that the Corporation must classify an employer in an industry or risk class that most accurately describes their activity. A fundamental premise that underlies this statutory provision is that ACC undertakes an actuarial assessment of the claims and therefore the risk level for each class, which leads to setting the levy classification. It is established in law in Accident Compensation Corporation v Southern Lakes Building Limited2, that a low risk activity should not be...

2. Māori Trustee – Mourea Papakāinga 3D (1995) 240 Rotorua MB 212 (240 ROT 212) [pdf, 2.8 MB]

   ...name of another or 3 Of a fiduciary relationship arising from the facts, equity and good consclenc:e. The answer to the fnt two of those propositions lea In the construction of the contract. The mortgage ii an an obngatlons mortgage In the form publlshed by the Auckland District Law Society 1987. It Is trite to say that mongages consist of 2 elements - 1 A covenant to pay. ( 240 RotoNa MB 211 Friday, 28 May 1995 2 A charge on the property u HCUrity for repayment. Contri...

3. Appleby Building Ltd v C Alva LCRO 117 / 2009 (12 October 2009) [pdf, 54 KB]

   ...privilege] in respect of a communication or any information has the right to refuse to disclose in a proceeding— (a) the communication; and (b) the information, including any information contained in the communication; and (c) any opinion formed by a person that is based on the communication or information. [9] That section confers the right to refuse to disclose the communication and associated information and opinion only on the person who has the privilege. In the pre...

4. 2017 NZSSAA 058 (10 October 2017) [pdf, 143 KB]

   ...The test is provided in r 7 of the relevant regulations and refers to Schedule 31 of the Act. Cash assets have to be below $1,050.92. [20] Regulation 8 defines a cash asset. The relevant regulation includes bank accounts and a range of other forms in which money may be invested. 5 [21] Regulation 15 of the Social Security (Income and Cash Assets Exemptions) Regulations 2011 does provide an element of exemption for payments received in settlement of a claim against the Cr...

5. Pryor v Perenara - Ngāti Rangitihi Marae Trust (2008) 322 Rotorua MB 268 (322 ROT 268) [pdf, 1.4 MB]

   ...obtaining of bank statements consequent on the disappearance of the primary records ofthis trust. [3] The basic allegation is that Reuben Perenara failed to keep primary records such as bank statements, cheque book butts and vouchers such as invoices, claim fonns etc, so that the accounts could be suppOlied. The proceedings also allege that a substantial amount of expendihlre can not now be substantiated. It is also of interest to note an audit conducted also refen·ed to unidentifi...

6. [2023] NZEmpC 59 Hamilton Civil Plant Ltd v Carr [pdf, 186 KB]

   ...Determination. If you are unhappy with the determination, you have 28 calendar days to challenge it to the Employment Court. [6] 28 calendar days later Mr Negri wrote to the Authority as follows: Further to your email on 11 October 2022, we respectfully request that there is a Employment Relationship problem with this recent determination and request that the matter is reopened as noted in your attached correspondence for the right to challenge the determination in the Employment Cour...

7. [2023] NZEmpC 109 MNO v PQR [pdf, 217 KB]

   ...relevant bill in Xero, approved the bill and paid it – usually within minutes of creating the original bill. [10] The bank account was a Westpac bank account. ANZ asked Westpac to provide the identity of the account holder. In response to that request, ANZ was advised that the owner of the account was the respondent. [11] In the course of the investigations undertaken by MNO’s Acting General Manager, the company has not identified any commercial basis for MNO’s payments...

8. [2024] NZEmpC 185 Greentree NM Catering Ltd (t/a Master Bao) v Wang [pdf, 184 KB]

   ...while I have found the challenge is being brought in good faith, I am not satisfied that the company’s challenge would be rendered ineffectual if the stay is not granted. Further, the company has not put its best foot forward by offering any form of concession to preserve Ms Wang’s interest in the face of its challenge. The monetary sums and costs awarded in the Authority are low in comparison to any costs that would be awarded by the Court, and there is no dispute that Ms Wang...

9. Noble - Estate of Rameka Korewha Ngamanu [2019] Chief Judge's MB 132 (2019 CJ 132) [pdf, 429 KB]

   ...Ngamanu. [2] The applicant claims that the said orders are incorrect due to a mistake, error or omission in the presentation of the facts of the case to the Court, because a number of beneficiaries to the estate of the deceased signed consent forms under circumstances that had been misrepresented to them by Jack Korewha Senior. The beneficiaries were led to believe that the transfer of shares (by consent) was necessary to progress certain issues before the Māori Land Court for the...

10. [2021] NZEmpC 146 Gafiatullina v Propellerhead Ltd [pdf, 394 KB]

    ...require the time commitment she said it did. 9 I deal with this when considering the issue of redeployment at [116]–[118] below. 10 Her evidence was that it was 15 per cent of her time by the time she left. [61] Mr Weston says he performed the role himself when Ms Gafiatullina was on parental leave and estimated that it occupied about five per cent of his time per week. He considered he was in the best position to assess the requirements of the role for Propellerhe...