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1. Auckland Standards Committee 3 v Potter [2022] NZLCDT 27 (27 July 2022) [pdf, 110 KB]

   ...than in the course of his employment. This relates to his accepting engagement as the client’s employment representative when he was only permitted to undertake legal work as an employee. 9 [34] Although Mr Potter admitted the charge, we requested further submission from the Standards Committee to satisfy ourselves that Mr Potter had infringed s 9(1)(a) of the Act. Our request centred on whether the services for which Mr Potter contracted were regulated services. A non-law...

2. [2022] NZEmpC 36 Kang v Saena Company Ltd [pdf, 231 KB]

   ...freezing orders and ancillary orders against it. Mr Hwang and Ms Weon are shareholders in Saena. Freezing orders and ancillary orders are sought against them because they may control the business and/or have received any proceeds of sale. Request for urgency [7] The application was filed on 1 March 2022. Urgency was granted and the application was considered at a hearing with counsel, Mr Seungmin Kang, on 3 March 2022. 1 Kang v Saena Company Ltd [2021] NZERA 196 (Me...

3. [2022] NZACC 15 – Creighton v ACC (26 January 2022) [pdf, 254 KB]

   ...joint replacement. [18] Mr Starker noted under the heading ‘prognosis’: Greg has been soldiering on for many years. He now feels pain is increasing in severity and impacting his mobility and enjoyment of everyday life. He therefore requested reconsideration of a knee joint replacement. … Overall, I do think pain can be improved with a knee joint replacement. … I expect him to be off work for approximately three months. [19] Mr Creighton poses the questio...

4. [2022] NZEmpC 57 Rockit Packing Company Ltd v Mortimer [pdf, 277 KB]

   ...documents sought relate to all actual or potential transactions between Auzfresh, Cylinder Pak, CPI, Mr Williames and Mr Mortimer from 8 February 2019 onwards. Rather than attempt to summarise the extensive application a copy of it is attached to, and forms part of, this decision. [19] Other disclosures are required if CPI no longer has possession or control of the listed categories of documents. [20] A modification made by Mr Crombie during his submissions reduced the scope of t...

5. 2021-07-23 ORC - Legal submissions in relation to the pORPS [pdf, 176 KB]

   ...22 Where multiple pORPS provisions are relevant, these are considered together.28 23 The pORPS ensures that activities are carried out within the environmental constraints of the pORPS and in a manner that preserves environmental integrity, form, function and resilience.29 The pORPS requires that all decision-making that affects the health of fresh water gives effect to Te Mana o te Wai.30 In doing so, the pORPS gives effect to the NPSFM. 24 For the above reasons, it is sub...

6. [2022] NZIACDT 26 — DA v Ji (8 November 2022) [pdf, 121 KB]

   ...representation, in breach of cls 5 & 6. (2) Failing to maintain a client file with copies of all written and oral communications with the complainant, in breach of cl 26(a)(iii) and (e). (3) Failing to make his file available to the Authority on request, in breach of cl 26(e). SUBMISSIONS Submissions from the Registrar [11] In submissions (12 October 2022) from Mr Ropati, counsel for the Registrar, it is contended that the appropriate sanctions would be: (1) Censure....

7. [2023] NZEnvC 177 Otago Regional Council v Armishaw [pdf, 280 KB]

   ...to make an application under s285 in addition to the recovery of costs in terms of s315(2), however the two statutory regimes for recovery of costs are distinct as: 1 Otago Regional Council v Armishaw [2022] NZEnvC 72. 2 Memorandum of Counsel Requesting Consent to Implement Interim Enforcement Order dated 2 June 2022 at [13]. 3 Otago Regional Council v Armishaw [2022] NZEnvC 94. 3 (a) section 315(2) gives an entitlement to recover the costs of complying with an enforcement or...

8. [2024] NZEmpC 48 Ugone v Star Moving Ltd [pdf, 228 KB]

   ...made against them unless under compulsion. That theme must influence the amount of uplift in the fine. [42] Little guidance is available from other decisions of this Court guiding an assessment when considering an uplift in a fine. Mr Pietras’ request for a $10,000 uplift is, I consider, excessive. It is notable that he did not refer to any cases where such an uplift was imposed. Ms Oh did not suggest what level of uplift might be appropriate beyond her submission that it shou...

9. KC v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 37 (23 February 2024) [pdf, 216 KB]

   ...decision letter read: Following a review of the available information by our medical advisors, it has been determined that there is insufficient evidence to support for migraines and/or tension headaches for cover. ACC is able to reconsider the request for cover of migraines and tension headaches should further information become available. [13] The applicant applied for a review of that decision. [14] The Corporation’s decision regarding date of injury, cover and entitlements...

10. Sanders v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 163 [pdf, 170 KB]

    ...someone expecting this from me is not reasonable. You were notified of my change of address via the medical certificate sent to ACC on the 16/6/22 via mercury bay medical centre as well as myself emailing you these details when I asked for expenses forms that I've still not received. The reasons for stopping weekly compensation were because of reasons outside of my control. [28] Mr Sanders did not attend the further scheduled medical appointment on 27 July 2022. [29] On 1...