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1. Borst v ACC [2012] NZACA 3 [pdf, 46 KB]

   ...transpire at a later date that he was placed in employment and then suffered diminished incapacity to earn, then the Corporation would be in a position to reconsider a s 114 entitlement. [9] Review rights were given, but the appellant did not lodge a formal review application, instead concentrating on the reinstatement of his ERC through “representations” made personally and through his doctor and ACC appointed specialists direct to the Corporation between 1987 and 1990, and compla...

2. JK v Molloy LCRO 155/2013 (14 April 2016) [pdf, 151 KB]

   ...he considers the foundation is proper. He does not defend the particular language of the comments published in the article. Mr Molloy considers the position he argues for is correct, any comments he has made to media are made in good faith, upon request, in the interests of the public and with no attendant element of personal gain. At the point in the review hearing where the focus was on how his comments came to be in the article that gave rise to the complaint, he said that, whil...

3. GO v TQ LCRO 61 / 2011 (12 January 2012) [pdf, 79 KB]

   ...the time of his death GP was living in Australia. [2] His estate comprised substantial assets in New Zealand and Australia and included death benefits, insurance policies and bank accounts. [3] GP died apparently without a Will, although Mr GO formed the view that there may have been a Will or a reference to a Will in a bundle of correspondence that was held for GP by a person in Australia. [4] One of the assets of his estate was a ACR insurance policy. It seems that a ACR em...

4. ETS v WKE [2013] NZIACDT 4 (05 February 2013) [pdf, 109 KB]

   ...22 November 2010 Immigration New Zealand wrote to Mr ETS and indicated there were concerns in relation to his application. In essence, he had held temporary permits and there were no adequate grounds for the further temporary permits that had been requested. [15] Following this letter, Mr ETS approached Mr WKE again and agreed on a fee of $1,144.25. It was to be paid in two instalments, and Mr ETS paid $600 as the first instalment. Mr WKE then sent him a checklist, which appeared to se...

5. AB v ZY LCRO 54 / 2010 (27 January 2011) [pdf, 84 KB]

   ...history of bipolar illness and disability. [3] The Respondent was a lawyer in private practice, and also a District Inspector for Mental Health (DIMH) appointed by the Ministry of Health (MoH). [4] In June 2001, as the DIMH, the Respondent had requested a review of Mr H under section 16 of the Mental Health (Compulsory Assessment and Treatment) Act 1992. [5] As noted below, the Respondent had known Mr H for some time prior to that, and acted for him and his partner (Ms M) in con...

6. McDonald - Pakiri G (2017) 155 Taitokerau MB 117 (155 TTk 117) [pdf, 163 KB]

   ...recused. What are the grounds for recusal? [3] Mr Hohneck is represented by Ms Wara in the Omaha Marae application. Ms Wara was my employee when I was in practice. Mr Greenwood and Ms Aitken wrote to the Registrar raising concerns about this and requesting that I be recused. I issued the following minute: 3 [4] Although formal applications have not been filed, I have treated this correspondence as applications seeking my recusal from hearing these proceedings. In response...

7. Rupapera v Katene - Ngāti Tu 22D Trust (2008) 209 Aotea MB 25 (209 AOT 25) [pdf, 2.2 MB]

   ...respondents and the C01ll1 in an eff0l1 to resolve the matter. That said, he would not agree to the applicants' proposal that he cease all dealings with any of the assets held by Reynco Limited as he considered that to be too wide ranging a request in the circumstances. (16) The second respondent proposed that he transfer a pOl1ion of his shares in the trust's corpus lands of equivalent value in satisfaction of the debt incurred by his use of the trust's funds. He als...

8. Karena v Te Koau A Trust - Te Koau A (2017) 61 Takitimu MB 25 (61 TKT 25) [pdf, 372 KB]

   ...Summary Proceedings Act, concerning Mr Steedman. However, he says that he is reluctant to further these matters and would prefer to sit with the trustees and attempt to seek a resolution rather than litigate a rehearing or an appeal. Mr Karena requests that a discussion between trustees and the applicant take place to sort the issue out with an adjudicator or a beneficiaries’ meeting. He says that if there is a breakdown he seeks to reserve his right to appeal or seek a rehearing...

9. [2017] NZEmpC 61 Ahuja v A Labour Inspector [pdf, 166 KB]

   ...judgment. I directed that any such submissions were to be filed and served no later than 4 pm on Friday 12 May 2017, after which a judgment would issue. [9] Mr Bennett sought an extension of time for filing submissions, advising that medical information would be filed in support. The extension was granted until 5 Labour Inspector of Ministry of Business, Innovation and Employment v Ahuja [2017] NZERA Auckland 33 (costs). 6

10. 2018 NZSSAA 010 (5 February 2018) [pdf, 121 KB]

    ...not ordinarily resident in New Zealand. [3] The Ministry subsequently resumed payments although it says the question of whether the appellant was ordinarily resident in New Zealand at that time was not clarified. At the same time the Ministry requested information from New Zealand Customs about the appellant’s travel movements in and out of New Zealand. [4] The issue for the Authority to determine is entitlement under section 8(a) of the New Zealand Superannuation and Retire...