Search Results

1. [2017] NZEmpC 23 Domingo v Suon and Heng (t-a Town and Country Food) [pdf, 178 KB]

   ...minimum employment entitlements) he then found himself unable to extract payment from his ex-employer. The process has been a long one and a number of obstacles have been thrown up along the way. It is clear that it has taken a degree of personal endurance to pursue matters to this point. Mr Domingo said that he had felt like “giving up” in terms of seeking compliance with the Authority’s awards. These are observations which the Employment Court frequently hears in cases s...

2. E64 Angela Bull - EIC - VHHL [pdf, 1.1 MB]

   ...south of Karanga Plaza. If a High Noise Event occurs on Te Wero Island it will be experienced (loudly) at each of those residential and tourist accommodation venues. Those residents and visitors will not have a choice as to whether they enjoy or endure the music. Far from being background noise or a small-scale concert that people can choose to attend, such an event will dominate the Viaduct Basin for its duration. (e) The conditions are drafted on the basis that there may be th...

3. [2021] NZACC 6 - MacDonald v ACC (12 January 2021) [pdf, 198 KB]

   ...where he noted the previous history of depression was inadequate and that it was the appellant’s current presentation that should have been the focus. [52] Ms Brown submits that a factor missing in this case was full consideration of the endurance issue on the part of the appellant as opposed to the functional ability to perform tasks. She refers in this regard to Judge Maclean’s decision in Hillman.2 [53] Ms Brown refers to deficiencies in the completion of the Vocational...

4. [2017] NZEmpC 53 Eden Group Ltd v Jackson [pdf, 137 KB]

   ...At the time of the consideration of the applications for search and freezing orders, an employment relationship problem was about to be filed in the Employment Relations Authority (the Authority) which alleged: a) a breach of the previous and enduring provisions of the individual employment agreements with each former employee; and b) a breach of s 4 statutory obligations of good faith under the Act. [20] The main remedies which were to be sought in the Authority were for:...

5. LCRO 64/2020 - QR - Application for review of a prosecutorial decision (7 September 2020) [pdf, 219 KB]

   ...referred to by the Court all support the view that the matters raised in Mr NB’s report should be addressed before the Tribunal. [74] I acknowledge that referral to, and a hearing before, the Tribunal is somewhat daunting, and difficult to endure on a personal level. Mr QR refers to that as the “human factor”. However, the decisions and judgments referred to above, overwhelmingly support the determination by the Committee to put the matters raised in Mr NB’s report befor...

6. [2019] NZREADT 55 - Brown v CAC 1903 & Carppe (10 December 2019) [pdf, 184 KB]

   ...appellant and his brother, Evan, owned a half share of a property at Nelson, which was their former family home, as executors of the estate of their late mother. The other half share was owned by their father, Mr Gerald Brown. Evan Brown held an enduring power of attorney for his father. [3] Ms Carppe is a licensed salesperson engaged at Mike Pero Real Estate, in Nelson (“the Agency”). In September 2016, she appraised the property at the request of the appellant and Evan Br...

7. LCRO 145/2019 TS v NU and VL (21 January 2020) [pdf, 128 KB]

   ...TS’s complaint is the understandable concern that her convictions have had a significant and adverse impact on her personal and professional life. [79] Ms TS provides a comprehensive account of the difficult and traumatic circumstances she had endured over a period of years prior to her trial. [80] She explains that she had been a victim of abusive relationships. [81] Ms TS’s purpose in providing what was a harrowing account of the abuse she had suffered, was to emphasise that...

8. Graeme James Lawrence - Evidence in Chief - Supplementary [pdf, 1.1 MB]

   ...biodiversity and ecological health; (c) Kaimoana resources; and (d) Landforms and features; (e) Waahi Tapu and Waahi Taonga; (f) Taonga including Te Tau o Taiti; (g) Intrinsic and spiritual values associated with (a)-(f). Objective 51 Ongoing and enduring relationship of the tangata whenua of Motiti with the coastal environment of MN EMA recognis(!!d and provided for through restoration and protection of Waahi Tapu and Waahi Taonga in order to sustainably manage the multiple valu...

9. LCRO 1/2021 NB v GP (31 May 2022) [pdf, 224 KB]

   ...representation to Mr NB in the appeal progressed in the District Court. Application for review [15] Mr NB filed an application for review on 22 December 2020. [16] Mr NB prefaces his review submissions with an account of the health problems he has endured as a consequence of suffering an accident in 1981. It is his firmly held view, that ACC have persistently over a lengthy period of time, failed to provide or accept, an accurate diagnosis of his medical condition. [17] Mr NB s...

10. [2022] NZACC 137 — Wheeler v ACC (19 July 2022) [pdf, 262 KB]

    ...wrong. [54] The decision of the Reviewer dated 5 February 2021 is therefore upheld. This appeal is dismissed. I make no order as to costs. [55] This Court acknowledges the pain, discomfort, frustration and disappointments that Mr Wheeler has endured as a result of his injury. The Court notes the Corporation’s offer to arrange a fresh Transport for Independence Assessment for 15 Mr Wheeler. This new assessment would consider all of his needs for transport for independenc...