Search Results

1. [2020] NZEmpC 135 Wills v Farmlands Co-Operative Society Ltd [pdf, 210 KB]

   ...take steps to raise a personal grievance with Farmlands on Ms Wills’ behalf. Ms Wills’ recollection was that she instructed Mr Mason to proceed but before that could happen she would have to complete a Pitt & Moore engagement letter, as requested by Mr Mason. Mr Mason’s recollection, as recorded by the Authority, was that he was not instructed to raise a personal grievance. That was because Ms Wills intended to reflect on his advice, particularly his concerns about the...

2. [2018] NZEmpC 153 Rauland NZ Limited v Delvo [pdf, 224 KB]

   ...urgently and without notice to the respondent on Friday 14 December 2018.1 [2] The applicant, Rauland NZ Limited (Rauland NZ), has a strong prima facie case on an accrued cause of action against the respondent. The respondent, Conrad Delvo, is a former employee of Rauland NZ. In accordance with the Court’s Practice Direction,2 Rauland NZ has filed a proposed form of statement of problem which it will file in the Employment Relations Authority (the Authority) after execution of t...

3. Insley v Insley - Awanui Haparapara No 4B (2019) 211 Waiāriki MB 68 (211 WAR 68) [pdf, 371 KB]

   ...211 Waiāriki MB 71 appoint replacement trustees. The application was heard before me on 12 November 2018.5 At the hearing Michael Insley submitted that the meeting held in June 2018 was deficient in terms of both notice and attendance. He requested that a further meeting be called for electing trustees. Despite those submissions, I appointed those persons elected at the meeting as replacement trustees and reserved my decision as to whether the resignations were effective. Ap...

4. Complaints Assessment Committee 10020 v McDonald [2018] NZREADT 67 [pdf, 244 KB]

   ...which we have quoted from above makes it clear that the Tribunal extended to the applicant an opportunity to be heard on questions of penalty at which stage the matter of a prohibition of publication order would have been considered had it been requested. [26] We do not consider that the applicant has been denied her rights in this matter including an opportunity to be heard on the matter that she now wishes to raise some years after the event. [27] There is a further aspect of pr...

5. DN v Accident Compensation Corporation (Impairment Assessment) [2024] NZACC 116 (16 July 2024) [pdf, 183 KB]

   ...area but to assess it as a physical impairment one needs data to demonstrate the degree of abnormality present. I do note that he was referred for anorectal physiology testing by Dr Frizelle but there is no record present of these having been performed. This area is therefore not scored here but if the tests do get performed this area would then be able to be scored. [9] On 10 March 2022, Dr Dominic Lim, Psychiatrist, assessed the appellant’s impairment for PTSD. Dr Lim’s a...

6. [2024] NZEmpC 39 Cronin-Lampe v Minister of Education [pdf, 242 KB]

   ...considered under a timetable which I established.1 [3] On two subsequent occasions, counsel for the parties sought a variation to that timetable. More latterly, after considering a memorandum filed on 23 January 2024, I approved a timetable as requested by the parties wherein the plaintiffs would file their costs documents by 12 February 2024, the defendant by 11 March 2024, and the plaintiffs in response by 1 April 2024. [4] The variation was sought because relevant counsel had be...

7. CAC306 v Zhou & Anor [2016] NZREADT 12 [pdf, 212 KB]

   ...defendant. [35] Over about three months Mr Zhou produced 10 fictitious rental appraisals on which he forged the signature of a particular property manager at a prominent real estate agency. It is put that he volunteered those rental appraisals at the request of a mortgage manager at a bank. Apparently these appraisals were provided post purchase and after a purchaser had obtained bank finance and it seems that the availability of those appraisals simply supported finance decisions purp...

8. Young v ACC [2014] NZACA 7 [pdf, 57 KB]

   ...2011 stated: “This is to confirm that the decision to suspend Weekly Compensation on 18 September 1980 issued by ACC was incorrect. 4 ACC are happy to investigate the queries raised by the lodged review, and have forwarded the information to Wellington to seek guidance on outstanding entitlements. ACC may contact you for earnings information and medical certificates for the duration of the period from when your WC entitlement ceased, until the current date, however...

9. [2021] NZACC 39 - Gupta v ACC (19 February 2021) [pdf, 215 KB]

   ...incapacity in 2019 and an injury suffered in an accident in December 2016. Background [2] On 13 December 2016, Ms Gupta attended Dr Amanjeet Toor, who recorded that she “pulled L lower back muscle while doing gardening 2/7 days ago”. In the claim form lodged by Ms Gupta on the same day, it was recorded that, on 11 December 2016, she “hurt lower back while doing gardening”. On 14 December 2016, the Corporation confirmed cover for a soft tissue injury. [3] Ms Gupta...

10. Aperahama v Anderson - Sections 57 58 70 72 and 100 of Ratana Pa (2022) 447 Aotea MB 93 (447 AOT 93) [pdf, 262 KB]

    ...Court in subsection (1) applies to representation of a class or group of Maori in or for the purpose of (current or intended) proceedings, negotiations, consultations, allocations of property, or other matters. 447 Aotea MB 99 (3) A request for advice or an application for an order under subsection (1) is an application within the ordinary jurisdiction of the Maori Land Court, and the Maori Land Court has the power and authority to give advice and make determinations as...