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1. Smith - Estate of Here Wiremu Ihaka Ututaonga [2018] Chief Judge's MB 541 (2018 CJ 541) [pdf, 363 KB]

   ...1953 (the 1953 Act) provides that: (1) This Part of this Act, [in] so far as it relates to the disposal on the death of the [beneficial] owner thereof of freehold interests in Māori land, shall apply with respect to all such interests that form part of the estate, whether [testate] or intestate, of: (a) Any Māori or any descendant of a Māori who dies after the commencement of this Act: (b) Any Māori who has died before the commencement of this Act if in respect of h...

2. LR v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 109 [pdf, 286 KB]

   ...Foetal Medicine Subspecialist was obtained. Ultimately a decision was made on 20 October 2021 approving cover for a brain injury, an acute kidney injury (resolved) and a skin injury (resolved). [6] On 19 January 2022, Ms Carrigan made a formal request to the Corporation for funding for the surgical treatment (SDR) to be undertaken in America. The surgery is not available in New Zealand. [7] On 20 January 2022, the request was declined by the Corporation on the basis the Corporat...

3. [2017] NZEmpC 115 Schollum and Hastings v Corporate Consumables Ltd [pdf, 598 KB]

   ...commission even while absent from work or on holiday. [17] To complete this picture, Corporate Consumables took the risk of any bad debts arising from sales and any commission was not adjusted if a customer failed to pay. [18] Despite commission forming a significant part of their remuneration, when Ms Schollum and Mr Hastings took annual holidays, their holiday pay was calculated using just their base salary. Commission earned on sales made while they were on holiday was paid...

4. [2011] NZEmpC 70 Telecom New Zealand Limited v Long published version [pdf, 73 KB]

   ...clarify previous confusion and reiterating his request for undertakings. This produced a response from Mr Long’s barrister challenging Telecom’s refusal to waive the restraint period and initiating mediation about this issue. The undertakings requested by the plaintiff have not been given either by Mr Long or his counsel. [14] A forensic IT expert, Michael Spence, has examined Mr Long’s Telecom laptop that the defendant returned to the company at the time he finished work on...

5. [2012] NZEmpC 41 Port of Tauranga Ltd v Rail and Maritime Transport Union Inc & Anor [pdf, 69 KB]

   ...vessel and the wharf, crane drivers, electrical workers, security work and certain operational work. The collective agreement came into force on 1 April 2010 and expires on 31 March 2012. [6] In proceedings issued on Sunday 4 March, the plaintiff claimed that the third defendants, employee members of the RMTU (the employees) had declined to cross the picket line formed by members of the Maritime Union of New Zealand (MUNZ) on the road leading to the container terminal at Tauranga....

6. [2015] NZSSAA 001 (13 February) [pdf, 35 KB]

   ...debt was returned to the Authority for reconsideration apparently on the basis that the Authority did not have before it information about the appellant’s circumstances and financial situation. This was despite the Authority having specifically requested the appellant to provide this information. [5] The appellant has now had a further opportunity to provide submissions to the Authority on the issue of whether or not the debt should be recovered. [6] The debt relating to Accommo...

7. R v D LCRO 56 / 2009 (19 June 2009) - Rehearing Decision [pdf, 74 KB]

   ...Lawyer D had understood that the focus of a review would be on the grounds forwarded by the applicant, and that he was unaware that the LCRO’s review would focus on the Standards Committee decision. To that end Mr XX argued that the Guidelines request that a review applicant set out the grounds for the application and identify any errors made by the Committee. What appears to be implicit in this submission is that Lawyer D was misled into believing that the review would focus on...

8. Director of Proceedings v Nelson Marlborough District Health Board [2014] NZHRRT 4 [pdf, 108 KB]

   ...annexed and marked “A”. [3] The Consent Memorandum is in the following terms: MAY IT PLEASE THE TRIBUNAL 1. The plaintiff and defendant have agreed upon a summary of facts, a signed copy of which is filed with this memorandum. 2. The plaintiff requests that the Tribunal exercise its jurisdiction in respect of the following matters: (a) A declaration pursuant to s 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Heal...

9. [2016] NZSSAA 021 (31 March 2016) [pdf, 35 KB]

   ...records indicate that the appellant had at least 32 interactions with the Ministry between 2 September 2011 and 13 June 2013 when the data match occurred. These contacts included both face-to-face appointments and telephone contact. Many of the requests for assistance related to applications for Special Needs Grants. In a contact on 30 October 2012 the appellant applied for a Special Needs Grant for food and advised that he was starting temporary part-time work and had bought safety boo...

10. Kumar v Ahuja [2014] NZIACDT 120 (19 December 2014) [pdf, 123 KB]

    ...consultation with Mr Ahuja. One of Global’s personnel told Mr Kumar an offer of employment was available, so he should pay further fees for his immigration to progress. Mr Ahuja was not aware of these developments at the time. Mr Kumar paid the fees requested. [3] There was no employment offer, which would have been necessary for the immigration work to proceed. Mr Kumar wanted repayment of the instalment of fees he paid after he believed there was a job offer. Mr Ahuja refunded the am...