Search Results

1. The Trustees of Otanemutu Lands Trust v Boynton - Opape 2A2A (2011) 38 Waiariki MB 46 (38 WAR 46) [pdf, 143 KB]

   ...her view the house stays with the land for the benefit of all the owners. Under cross-examination she maintained her position on this point. [27] The next witness called for the Trust at the hearing was Arihia Tuoro. She produced documents requested by counsel for Mr Boynton. In giving her evidence she explained the difficulties the trustees had in getting owners to meetings of the Trust. So in addition to advertising the Meeting of Owners, she contacted the owners of Opape 2A2A...

2. [2021] NZACC 95 – Kirkland v ACC (5 July 2021) [pdf, 200 KB]

   ...submitted that her Honour failed to give adequate reasons for her decision and conclusions and instead simply stated that overall the conclusions of Mr Pai were well reasoned and compelling. It is submitted that there is no analysis of why her Honour formed this view and that one would have expected, in particular, analysis of the implications of the earlier radiological findings and other evidence relied on in the first appeal decision given the high threshold for revocation in s 65....

3. Smith v ACC [2013] NZACA 12 [pdf, 65 KB]

   ...physiotherapist and be followed up as an outpatient.” [15] The other medical evidence put in by Mr Smith comprises a reporting letter dated 23 September 2009 from Mr Matheson, Orthopaedic Surgeon, an Assessment report and Treatment Plan – Surgical Request prepared by Mr Matheson dated 15 August 2011, and a reporting letter from Mr Matheson to Mr Smith dated 24 January 2012. On the ACC file I located the referral to Mr Matheson from Mr Smith’s GP dated 1 October 2010, Radiology...

4. BN v Accident Compensation Corporation (Personal Injury) [2025] NZACC 10 (21 January 2025) [pdf, 352 KB]

   ...held the extension of the neck did involve gravity and therefore constituted an accident. (d) In Sonter,12 also determined under the Act, Judge Beattie commented, in obiter, that he considered if a hernia had been caused by a Russian twist (a form of sit- up) this would have constituted an accident because: [26] …the Russian Twist involved her abdominal muscles being used to move her upper body from a prone position to an upright position. I find that those muscles are in effec...

5. D v IAG New Zealand Ltd [2020] CEIT-2019-0037 [pdf, 1.8 MB]

   ...the house prior to the September 2010 earthquake. [37] Once IAG accepted liability under the policy, it instructed MSC Consulting Group Ltd (MSC) to carry out a floor level survey which revealed that floor gradients exceeding 1:200 (0.5%) were formed when the front of the house, including the two studies, settled around the perimeter at the same time as the central piles under the studies punched up, causing large gradients to form. The remainder of the house appeared to have a gener...

6. Cole v Realty Insight Limited [2012] NZWHT Auckland 25 [pdf, 259 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2008-100-000010 [2012] NZWHT AUCKLAND 25 BETWEEN MICHAEL and ADELE COLE Claimants AND EURO-ASIA INVESTMENTS CO LTD First Respondent (Settled) AND AUCKLAND COUNCIL (formerly NORTH SHORE CITY COUNCIL) Second Respondent (Settled) AND REALTY INSIGHT LIMITED Third Respondent AND DAVID LEE Fourth Respondent (Settled) AND THEOTESTO REYES Fifth Respondent AND CITYWIDE BUILDING CONSULTANTS (AUCKLAND)

7. [2024] NZEmpC 213 Cronin-Lampe v Minister of Education Interlocutory (No 5) [pdf, 336 KB]

   ...The parties referred to the sums awarded on a combined basis. I prefer to view them as separate awards for each individual plaintiff. However, for the purposes of assessing the present application I will refer to the combined amounts given the information provided about Mr and Mrs Cronin- Lampe’s financial circumstances was provided on that basis. [13] I also assessed remedies for their personal grievances and interest which totalled $428,235 for Mrs Cronin-Lampe and $476,894...

8. File a challenge alternate text

   Do you disagree with the Employment Relations Authority’s determination? Ask the Employment Court to decide your case by filing a challenge within 28 days (of the Authority’s written determination). File at court: 3 copies of Form 1 statement of claim 3 copies of the Authority’s written determination Do you need an extension? If you are (or will be) late, file Form 2A – Application for a time extension. Form 1: Challenge to determination of the Authority Form 2A: Application for leave...

   Located in:

   1. Employment Court >
   2. Apply to the Employment Court >
   3. File a challenge

9. Form 85 - Writ of arrest [docx, 15 KB]

   This editable form has been updated to reflect the new District Court Act 2016 Form 85 Writ of arrest [bookmark: DLM6119636]Complete and insert the heading as set out in form 2. To a bailiff of the District Court at [place]/a constable at [place]* *Select one. 1 I am satisfied that I have jurisdiction to the amount of the plaintiff’s claim and that, by the affidavit of [name], the plaintiff/the duly authorised agent of the plaintiff* in this proceeding, the plaintiff has a good cause o...

10. [2007] NZEmpC AC 28/07 Wilson v CE of Ministry of Social Development [pdf, 65 KB]

    ...secure care and the police notified. The evidence of Ms Simpson and Ms Bartlett satisfies me that the treatment of the two youths involved complied with the established policies and also the law. [40] The allegation that Ms Wilson was requested to return to work while on stress leave does concern me. Ms Tuigamala did ask Ms Wilson to return to work. However, the circumstances surrounding that from Ms Tuigamala’s point of view are not before me. As I have indicated it...