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1. [2023] NZEmpC 233 Danske Mobler Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [pdf, 281 KB]

   ...Holidays Act 2003 (HA) for the purposes of calculating payment for a public holiday, an alternative holiday, sick leave, bereavement leave or family violence leave? DML says any such analysis should include hours an employee is contracted to perform, but not those an employee volunteers to perform. The Labour Inspector says hours worked in excess of contracted hours must be taken into account. [3] The second question of law which it is asserted will arise relates to the issuing of...

2. Mostafa v Accident Compensation Corporation (Cover Issues) [2023] NZACC 79 [pdf, 179 KB]

   ...decline of cover for the right supraspinatus tear and the right subacromial and subdeltoid bursitis. [8] At the time of his injury on 8 February 2018, the Mr Mostafa was a truck driver for Carter Holt Harvey. According to the ACC injury claim form dated 1 March 2018, the description of injury is “Throwing strop over truck and felt pain in arm”. The diagnosis was sprained elbow/forearm – right side. The claim form includes a referral to a physiotherapist, with the suggest...

3. Quinney v Accident Compensation Corporation (Causation) [2023] NZACC 102 [pdf, 278 KB]

   ...education. [72] It is a notorious fact in the diagnostic process that obvious diagnoses occur quickly and more difficult or elusive diagnoses take time. [73] Given the diagnosis the appellant has of plantar fasciitis, it is not surprising that her request for answers in respect of her ongoing pain in her postero-lateral right ankle have been slow in the coming. The postero-lateral pain in her right ankle broadly speaking includes the area where her peroneus brevis tendon is loc...

4. Director of Proceedings v Te Whatu Ora [2023] NZHRRT 32 [pdf, 461 KB]

   ...[2.1] A statement of claim dated 9 November 2022 [2.2] A consent memorandum dated 9 November 2022. [2.3] An Agreed Summary of Facts, a copy of which is annexed and marked ‘A’. [3] In the consent memorandum dated 9 November 2022 the parties request that the Tribunal exercises its jurisdiction and issues: 2(a) A declaration pursuant to section 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that Southern District Health Board (“DHB”) has breached the...

5. [2024] NZEmpC 231Aurecon New Zealand Limited v Dowlut [pdf, 251 KB]

   ...days whilst further inquiries were made about her health. [53] Then Ms Dowlut resumed work, with the employer being satisfied that she could work and undertake disciplinary processes with appropriate support. At the same time, however, Aurecon requested any information Ms Dowlut wanted considered as part of the disciplinary process. Three weeks later, it attempted to restart the disciplinary process by inviting Ms Dowlut to a meeting. She declined to be involved thereafter, but...

6. [2024] NZREADT 20 CAC2108 v Leading Edge Properties Ltd (25 June 2024) [pdf, 237 KB]

   ...breached the Audit Regulations. With the exception of December 2018, all monthly reconciliations for the year ending 31 March 2019 were provided late. [10] On 24 October 2019, the Real Estate Agents Authority (the Authority) wrote to Leading Edge requesting that Leading Edge provide explanations, within five working 3 days, for the breaches of the Audit Regulations, as identified in UHY auditors report ending 31 March 2019. [11] On 3 December 2019, Leading Edge explained th...

7. Gabriel - Succession to Kupai Jack Hakopa Hawera [2024] Chief Judge's MB 1090 (2024 CJ 1090) [pdf, 290 KB]

   ...father, Charles Tamarau Hakopa, rarely saw Jean and Marlene, as they were whāngai and grew up with other people. She questioned why the applicants sought to amend the succession order without first having a whānau hui to resolve the matter and requested that 2024 Chief Judge's MB 1097 the December hearing be adjourned for a whānau hui. She also raised concerns that there were errors in the 2005 minute of the Court record that needed to be amended, including rectifying...

8. Hawira v Pomana - Succession to Te Au Pomana [2024] Chief Judge's MB 2004 (2024 CJ 2004) [pdf, 401 KB]

   ...presents and IN CONSIDERATION of the foregoing IT IS HEREBY AGREED as follows: 1. PERE POMANA shall repay to the Estate all moneys owing by him pursuant to the Memorandum of Mortgage in favour of Te Au Pomana and such moneys shall fall into and form part of the residue hereinafter referred to. 2. THE land known as TE TOWAI B30H containing EIGHTYFIVE ACRES THREE ROODS (85a-3r-0p) shall be transferred to the said Pere Pomana he first paying into the residue of the estate $825.37....

9. [2024] NZREADT 41 – CAC 2103 v Jones Lang Laselle Ltd (29 October 2024) [pdf, 253 KB]

   ...2021, the Real Estate Agents Authority (the REA) sent JLL a reminder letter that their audit report was due by 14 July 2021. On 8 June 2021, JLL responded to the REA advising of its change in auditors. [15] A notification of change of auditor form was sent to JLL to complete. This was signed on 10 June 2021 and emailed to the REA on 14 July 2021. [16] Grant Thornton carried out a trust account audit for JLL for the 2021 audit year. The REA received a copy of this on 9 July 2021....

10. [2024] NZREADT 18 - HH v CAC 2201 & SL (19 June 2024) [pdf, 236 KB]

    ...successfully bid on 13 properties. The licensee is a licensed salesperson under the Real Estate Agents Act 2008 (the Act), engaged at CU (the agency). [5] In 2021, the purchaser participated in a property trading training programme. One of the informal coaches and mentors was Mr P, a successful property trader. The purchaser follows Mr P’s strategy. [6] The purchaser already knew the licensee, having worked with him on other properties. He informed the licensee he would...