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1. Auckland Standards Committees 2 and 3 v Mason [2019] NZLCDT 5 [pdf, 89 KB]

   ...reimpose the compensatory order in favour of the client. We considered that this might not accord with the insolvency legislation and invited submissions from both counsel. Subsequently, counsel for the Standards Committee has withdrawn this request and no compensation is sought. Aggravating Features [36] We accept the submission of the Standards Committee that the six previous findings against the practitioner over a two-year period are aggravating features of his conduct which...

2. [2022] NZACC 41 – Judkins v ACC (17 March 2022) [pdf, 178 KB]

   ...review application against the Corporation’s 12 March 2013 decision, which had declined to reassess VI on the basis that there had been no deterioration at that time. On 26 January 2016, the Reviewer held that the Corporation had sufficient information to believe that Mr Judkins’ VI might have deteriorated, as of 26 February 2013. The Corporation was, therefore, directed to carry out a reassessment of VI. On 18 July 2016, the Corporation revoked its decision of 12 March 2013,...

3. [2021] NZACC 120 - Hoeberechts v ACC (3 August 2021) [pdf, 199 KB]

   ...Compensation Corporation [2004] NZACC 284 and Robinson v Accident Compensation Corporation [2008] NZACC 121, the principles underlying a challenge to an independence allowance assessment are well settled including: • It is not for the Court to form an opinion as to whether or not the AMA guides have been correctly applied - this is the province of duly qualified medical practitioners. The Court must rely on the evidence of medical practitioners in this regard. • To succeed i...

4. Maritime Powers Bill [pdf, 151 KB]

   ...powers in the domestic context, which are regarded as reasonable and proportionate based on the range of safeguards, controls and protocols set in place to manage their use; b. under cl 12 of the Bill, the enforcing agency will be required to make a request for the Secretary of Foreign Affairs to seek flag state authorisation when it wishes to exercise the powers under the Bill against foreign vessels. This provides additional safeguards on the use of powers, as foreign states can impose...

5. LCRO 113/2020 SM v YL (7 May 2021) [pdf, 141 KB]

   ...in his complaint. However he added that “it’s very clear that the [financial position in which he found himself] was created by Mr YL not following instructions and acting in [his] best interests.” [20] In a document which appears to have formed part of Mr SM’s complaint against Mr YL’s employers, Mr SM quantified the $25,000 loss that he said he had suffered, as follows: Extra loan to cover [the agreed retention] $10,000 Correcting the defective title: Surveyors cost...

6. Wharekura v Skerrett-White - Kawerau A8D (2021) 263 Waiariki MB 71 (263 WAR 71) [pdf, 226 KB]

   ...Kotahitanga o Ngāti Tūwharetoa; 263 Waiariki MB 72 (b) Those funds were paid to the Kawerau A8D Māori Reservation Trust on direction from Te Wai U Wai 21 claimants, Tomairangi Fox and Colleen Skerrett-White. Mr Fox has subsequently requested that the funds be transferred to a charitable trust established for the purpose of holding the proceeds of the settlement of Te Wai U claim; and (c) The applicants are hesitant to transfer the funds being unsure of their power to do...

7. Hinaki - Whangara A5 (2023) 116 Tairāwhti MB 143 (116 TRW 143) [pdf, 421 KB]

   ...road-front block located close to the rural village of Whāngārā and is held as Māori Freehold Land. It is approximately 27 kilometres from the main Gisborne City commercial precinct and adjoins State Highway 35/ Whāngārā Road. Access has been formed across a roadside drain to the property (not in the proposed accessway location), and this access is currently utilized by the occupiers of adjoining land. Reticulated electricity and telecom service appear to be connected to re...

8. [2022] NZACC 126– Su v ACC (30 June 2022) [pdf, 227 KB]

   ...Estate of Su v Accident Compensation Corporation [2022] NZACC 30. 2 [3] On 10 March 2019, Mr Su was admitted to hospital. The hospital notes on his admission record that malignancy was regarded as the most likely aetiology, and he was informed of this. Over the next few days, Mr Su’s lungs were drained and this made a significant difference to Mr Su’s ability to breath without discomfort. Blood samples were taken for analysis, and Mr Su was advised that tuberculosis was a...

9. AFT v Tower Insurance Ltd [2022] CEIT-2022-0001 [pdf, 271 KB]

   ...could be taken into consideration when assessing the reasonableness of the lapse of time between the conclusion of the repair, discovering defects and asking Tower to remedy these defects, I find that the time lapse between late 2014 and making the request in 2022 is outside what can be considered as reasonable. [31] Accordingly, I agree that Tower cannot be required to remedy the alleged defects pursuant to s 32 (a) (i) of the CGA. However, the right to claim all reasonable costs to...

10. [2022] NZEmpC 114 STL Linehaul Ltd v Waters [pdf, 204 KB]

    ...overstaffed. 2 Waters v STL Linehaul Ltd [2021] NZERA 350 (Member Craig). [9] It seems that there was some general discussion at team meetings of the economic trading conditions and about how STL could operate more efficiently, but no formal process was put in place to consider a possible restructuring. [10] The only supporting evidence STL produced of its concerns over staffing levels were comments in two emails between the Administration Manager in Auckland and