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1. Hill v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 077 [pdf, 277 KB]

   ...to 27 January 2005 (as recorded in paragraph [51](b) above). [57] I make no order as to costs. The applicant’s case [29] In his Notice of Appeal dated 10 January 2024 and submissions in support dated 11 March 2024, Mr Hill raised concerns, requests and questions, including criticism of previous District Court decisions upholding the Corporation’s 2003 vocational independence decision and then declining his leave to appeal application to the High Court. 6 [30] The prin...

2. [2015] NZEmpC 190 Brown v Adams t/a Untouchable Hair & Skin [pdf, 144 KB]

   ...possibility she would lose her job. However, Ms Redmond was not called as a witness and I have only hearsay evidence that she indeed was the recipient of the abusive text. Furthermore, the evidence obtained from the third party discovery order at the request of the plaintiffs is to the effect that no text message was sent between the two subject cell phones. That being so, I find on the balance of probabilities that the plaintiffs have not established that Ms Brown is t...

3. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

   ...the residue of Mr MT’s estate. [23] Mrs HY proceeded to pay out half of the bank balance as at April 2013 to Mrs GJ, in the sum of $53,900. [24] This was an error. In fact the entire proceeds ought to have remained in Mrs GJ’s estate and formed part of the residue of that estate. [25] The error was discovered after Mrs GJ instructed lawyers to challenge some of the deductions that had been made from the bank account funds. [26] When the lawyers discovered what had happened, t...

4. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 163 Aotea MB 99 (163 AOT 99) [pdf, 1.4 MB]

   ...difficult situation, there is nothing to stop trustees from seeking a directions conference with the Court and with all trustees present so that any potential problems might be dealt with earlier. That said, I have received from time to time written requests from various trustees via the case manager as to what they can or cannot do as a group. But that is no substitute for meeting face to face with the Court as and when required when particular procedural or structural difficulties...

5. Tuwhangai v Boon - Kawhia U2B [2022] Maori Appellate Court MB 347 (2022 APPEAL 347) [pdf, 313 KB]

   ...amended. Ko te hātepe ture o te tono nei Procedural History [16] On 18 December 2020 an appeal was filed on behalf of Mr Tuwhangai. The appeal was initially set down for hearing on 12 May 2021, however on 12 April 2021 counsel for the appellant requested that the appeal be adjourned. This was not opposed by Mrs Boon.6 The application was adjourned to be heard during the August appeals week, and on 8 June 2021 the appeal was set down for hearing on 10 August 2021.7 [17] On 27 Ju...

6. [2021 NZACC 134 – Western v ACC (17 August 2021) [pdf, 386 KB]

   ...onset of significant pain. She had to immediately stop what she was doing to rest and mitigate the pain through medication and heat application. She attempted to work for a number of weeks before finally realising she needed medical attention. A claim form was completed on 18 August 2015. [7] Her GP was unsure of the nature of her injury and she was referred to Dr Anglem, Sports Physician, for assessment. [8] Dr Anglem noted tenderness to the lower back, particularly on the ri...

7. [2011] NZCA 595 CA439/2011 New Zealand Professional Firefighters Union v New Zealand Fire Service Commission [pdf, 293 KB]

   ...25 Set out at [17](b) above. Leave to appeal [26] The issue of whether the BPA was breached26 is a mixed question of fact and law. In any event, it concerns the interpretation of a document that relates to these parties only and is in a form that is unlikely to be repeated in the future. It can thus have no wider importance. Leave to appeal is declined on this issue. [27] It is implicit in the Employment Court judgment that the compliance order was made on the basis of a br...

8. Cribb - Succession to Tieme Karepe, Te One Karepe, Hoani Karepe and Porokuru Te Kiwi [2025] Chief Judge's MB 373 (2025 CJ 373) [pdf, 366 KB]

   ...as a result of the orders made. Reference to areas of difficulty 34. The original succession file for Teone Karepe and Tiemi Karepe (32 T 117-119) could not be located in the records of the Māori Land Court (Waikato Maniapoto District). A request has been sent to the Te Waipounamu District and they have provided some information from the block order files for Wairau 12D2 and Orakauhamu 26B2F. Similarly the succession file for Porokuru Te Kiwi (155 ROT 234 ) has not been loca...

9. [2008] NZEmpC AC 8B/08 Taylor Worldwide Publishers Ltd (In Liquidation) v von Tunzelman [pdf, 42 KB]

   ...employment. These included commission rates – 5 percent to each sales representative for bookings to date and 10 percent thereafter. Mr von Tunzelman was to produce lists of clients he had contacted and a procedure was set for dealing with booking forms and payments. The term of the contract was fixed to end on 1 December 2006. The document has a space for signatures of Mr von Tunzelman and Mr Taylor. [24] Mr and Mrs Taylor maintained that the terms in the document...

10. LCRO 123/2018 RA v [Area] Standards Committee (24 April 2019) [pdf, 184 KB]

    ...by notice dated 18 May 2017, required Mr RA, pursuant to s 147(2)(a) of the Lawyers and Conveyancers Act 2006 (the Act), to produce by 31 May 2017 his documents and records on the matter. Despite reminders Mr RA did not produce the information requested. [6] The Committee resolved, pursuant to s 130(c) of the Act, to commence an own motion investigation, and issued a notice of hearing. Mr RA did not respond. The Committee determined on 16 October 2017 that Mr RA had contravened...