Search Results

1. LCRO 57/2021 FC v HS, FM and QP (8 September 2023) [pdf, 224 KB]

   ...[40] The respondents rely on their response to the original complaint and on the Committee’s decision. Review on the papers [41] My colleague, Mr Maidment, undertook a preliminary procedural appraisal of the review file in August 2021. He formed a provisional view that a hearing on the papers would be appropriate and asked the parties to comment on or raise objection to that proposed process. [42] The respondents agreed to a hearing on the papers. The applicant, through couns

2. Matenga - Ohiti Waitio 1E No3A Trust (2015) 45 Takitimu MB 184 (45 TKT 184) [pdf, 369 KB]

   ...considerably over the last three years. The applicant explained that the dividend she receives has halved and she would like an explanation as to why this has happened. [8] The applicant adds that she wrote a letter to the trustees on 25 August 2015 requesting copies of the bank statements for the past three years and wrote a further letter on 17 August 2015 setting out her concerns regarding the dividend payments and trust finances. The applicant says she has received no respons...

3. U v I [2018] NZIACDT 21 (18 June 2018) [pdf, 250 KB]

   ...sanctions within 10 working days of the issue of this decision. [36] Mr I’s representatives may file a reply within a further 10 working days. [37] Any party may apply to vary the timetable. Publication of the adviser’s name [38] The Registrar is requested to indicate whether in her view Mr I’s identity should be published. The Complainant and Mr I’s representatives may of course also take a position on this matter. [39] The name or information that may identify Mr I, the...

4. Kapua - Estate of Ngamotu Paora [2019] Chief Judge's MB 1162 (2019 CJ 1162) [pdf, 389 KB]

   ...accordingly K Gillanders Scott Chief Judge 24/9/75 Identification of evidence that may be of assistance in remedying the mistake or omission 6. In support of her application the applicant has provided the following information: On the 24th day of September 1975 at 178 Rotorua MB 128 – 129 the Court vested the interests belonging to Paora Te Koti Te Hiko or Paora Ngamotu Te Koti Te Hiko or Ngamotu Paora or Paora Te Koti or Paora Ngamotu Te Hi...

5. [2021] NZEmpC 153 WN v Auckland International Airport Ltd [pdf, 226 KB]

   ...conference. It is not, accordingly, a determination which can give rise to a challenge. [10] It is well accepted that, in deciding whether the Authority has made a determination susceptible to challenge, the Court must have regard to substance over form.2 And, as Ms Dunn, counsel for the company accepted, the applied descriptor (minute rather than determination) is not determinative. [11] The contents of the Authority’s minute are brief but, as s 174E makes clear, in deter...

6. Feaver v Accident Compensation Corporation (Leave to appeal to High Court) [2024] NZACC 51 [pdf, 230 KB]

   ...[5] On 12 December 2013, Ms Feaver injured her right shoulder while lifting a carton of meat at work. She had worked for 17 seasons as a meat packer and in the carton room. [6] On 9 January 2014, Ms Feaver attended Dr Allen, GP, who filed a claim for cover with the accredited employer. The claim form described the accident as: “Lifting ... box of meat, shoulder pain, right shoulder”. [7] On 23 January 2014, Ms Feaver had her right shoulder x-rayed and scanned by ultra...

7. David Bain response from Justice Binnie [pdf, 106 KB]

   ...discussion, it seems to me, has no pertinence. 2 . It is of interest that according to the document (a) Mr Fisher was retained on 26 September -- the "Dear Robert" letter --(b) he met the Minister the same day (c) and without having performed the "first stage" analysis he reports that " as we discussed , a second and final report will be required for the purpose of reviewing the evidence afresh and arriving at its own conclusions on the merits". This seems a...

8. [2017] NZEmpC 46 Davidson v Great Barrier Airlines Ltd [pdf, 104 KB]

   ...submissions relating to the application for security for costs. Both this memorandum and the affidavit of Ms Davidson had been filed well outside the time required to do so and there was no application for leave to file out of time. Repeated requests by the Court registry of Mr Bennett to file a notice of opposition were not responded to by him. [6] At the directions conference on 7 March 2017, in addition to timetabling being set for submissions to be filed in respect of the ap...

9. [2018] NZEmpC 120 RPW v H and C [pdf, 231 KB]

   ...alleged breaches of compliance orders and orders prohibiting publication. The plaintiff is a trust board. The first defendant and his corporate entity, the second defendant, act as employment advocates. The defendants acted as advocates for a former employee of the plaintiff in an employment relationship problem between them. The problem was referred to mediation. A settlement was reached and affirmed by the mediator pursuant to s 149 of the Employment Relations Act 2000 (the A...

10. LCRO 194/2016 LC v BD (22 November 2018) [pdf, 157 KB]

    ...have been composed of colleagues who were personally familiar with him. It was explained to Mr LC at the review hearing that, although not all complaints return to the location of the practitioner concerned, they often do. [22] The Committee requested further information from Mr LC in support of his complaint. Beyond receiving that, and Mr BD’s somewhat vague response, it did not inquire further. The main difficulty faced by the Committee was that Mr LC’s complaint was not...