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1. Motu v Rapihana - Pukepoto 8B15B3B Residue (2022) 256 Taitokerau MB 150 (256 TTK 150) [pdf, 242 KB]

   ...evidence is that the fencer then advised the Trust chairperson that he could no longer do the job due to the aggravation received from Mr Rapihana and safety concerns. [14] Therefore the Trust filed an application for an interim injunction. They request to have their boundaries defined, would like orders that Mr Rapihana stop work on the erection of his house until those boundaries are defined and point out that Mr Rapihana has refused to engage in a positive way to resolve the iss...

2. [2021] NZACC 145 – Ross v ACC (22 September 2021) [pdf, 156 KB]

   ...of the job types identified in the first VIMA. The Corporation did not issue its vocational independence decision until 18 July 2014, after it had received both Dr Antoniadis’ reports. [22] I agree with the Corporation that the Act is not formulaic in terms of the form of a VIMA. Clause 28 of Schedule 1 sets out the conduct of the medical assessment and in particular, the information that the medical assessor must be provided with. Clause 29 sets out the parameters of the rep...

3. [2021] NZACC 192 - Beban v ACC (2 December 2021) [pdf, 177 KB]

   ...recorded that Ms Beban was doing well and that he was very happy with her progress. [7] There was then further surgery to remove instrumentation in February 2015. Physiotherapy was funded following the second surgery. In March 2015, there was a request for attendant care. On 20 April 2015, Mr Somerville reported that Ms Beban had been given a “clean bill of health”, looked much better and was on the improve, although she had some discomfort in her left leg and low back....

4. [2021] NZEnvC 125 Dewhirst v Canterbury Regional Council [pdf, 2.4 MB]

   ...discretion to amend the Order as follows: 321 Change or cancellation of enforcement order (1) Without limiting section 320(5), any person directly affected by an enforcement order may at any time apply to the Environment Court in the prescribed form to change or cancel the order. (2) Sections 317 to 319 (which relate to notification, hearing, and decision) apply to every application under subsection (1) as if it were an application for an enforcement order. [11] In addition,...

5. [2022] NZEmpC 207 Arohanui Hospice Service Trust v New Zealand Nurses Organisation [pdf, 190 KB]

   ...12.5 so that Arohanui had provided part-time employees with the equivalent of a credited alternative holiday if they met the calculation in the second part of cl 12.5, with that credited alternative day either being able to be used or cashed up on request. [17] However, at some point after Ms Randall became the Chief Executive of Arohanui in 2010, she became aware of that practice being applied to part-time employees who did not work on a public holiday because they were not roster...

6. [2021] NZACC 162 – Murray v ACC (18 October 2021) [pdf, 247 KB]

   ...onto her baby falling forward with her left arm out to balance herself and protect her daughter. [5] She initially heat-packed and iced the shoulder but the pain persisted. She went to her GP on 5 July 2019. He lodged an ACC45 injury claim form for a left shoulder sprain, which ACC accepted. [6] On 15 July 2019 she had an x-ray and ultrasound. Dr Newnham, radiologist, concluded: Subacromial subdeltoid bursitis. Probable bursal surface partial thickness tear as described,...

7. 09.10.-Kim-Tahiwi-and-Rawiri-Rikihana-Nga-hapu-o-Otaki-draft-evidence-3.07.23-BF-tracked-changes.PDF [PDF, 255 KB]

   ...the Project Partners' ability to work through issues in a mana enhancing way. This includes any matters that might otherwise be dealt with through the Treaty claims process. Any attempt to do so has the potential to de-rail our ability to form a strong partnership and our ability to reach consensus. This is turn would have consequences for the future of the Project. 20. At the time of writing this evidence a formal Project Partnership between Waka Kotahi, hapū of Ngāti R...

8. [2024] NZEnvC 077 Wellington Regional Council v Crosbie [pdf, 185 KB]

   ...represented by counsel, have a duty to the Court, at all stages of a proceeding, to work constructively to find solutions and narrow issues (whether of process or of substance)”.7 I find that had Ms Crosbie and Mr Page adhered to the directions and requests made by the Court, matters of process and substance would have proceeded more efficiently and effectively and the costs incurred by the Regional Council and NLBL would have been significantly less. NLBL Costs pre proceedings...

9. [2024] NZEmpC 148 Jeon v A Labour Inspector [pdf, 217 KB]

   ...Mr Kang filed submissions Ms Jeon elected to act for herself which she did at the 19 April 2024 hearing. During the hearing she reconsidered the decision to act for herself and sought an adjournment so she could be represented by counsel. That request was granted. Ms Jeon then appointed another lawyer who acted for her at a subsequent directions conference before Mr Kang was reappointed. The plaintiff’s submissions, discussed below, were prepared by Mr Kang and filed in antici...

10. MOJ0607-Stopping-a-child-being-taken-overseas-Tongan.pdf [pdf, 290 KB]

    ...feinga ha tokotaha ke ‘ave ‘a e tamá mei Aotearoa Nu‘u Sila. Kapau ‘okú ke fiema‘u ke tuku atu ha fakatokanga ki he kau‘āfonuá, ‘e fiema‘u ke ke fakahū ha ‘Tohi Kole ki ha Fakatokanga Atu ki he Kau‘āfonuá’ (Border Alert Request) ‘i he taimi te ke tohi kole atu ai ki ha ‘Tu‘utu‘uni ke Ta‘ofi Hano ‘Ave ‘o ha Tama’. Kumi ‘a e ngaahi foomu tohi kolé ‘aki ‘a ho‘o: • ‘a‘ahi ki he uepisaiti ‘a e Potungāue ki he Fakamaau‘angá (...