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1. [2021] NZEmpC 200 Best Health Foods Ltd v Zhou [pdf, 226 KB]

   ...offer had more to do with attempting to reduce its potential exposure to liability than accepting it had been wrong and genuinely trying to correct what it had done. [45] The last matter to address relating to remedies is Mr Zhou’s request for an increase in compensation under s 123(1)(c)(i) of an additional $5,000. He did not challenge the determination to seek an increase in compensation. Further, the additional amount claimed was not linked to any impact on Mr Zhou...

2. [2021] NZACC 118 - Baker v ACC (3 August 2021) [pdf, 313 KB]

   ...on 15 January 2017. [26] Mr Mistry reported again on 15 February 2017, advising that the appellant’s radicular pain had improved but that he continued to have right sided axial neck pain and headaches. Mr Mistry wrote to the Corporation requesting approval for a further ultrasound guided shoulder injection. [27] Dr Noonan, Occupational Medical Advisor, completed an Initial Medical Assessment (IMA) on 23 February 2017, noting the appellant had experienced slow progres...

3. [2021] NZEnvC 108 Manukorihi Tarau on behalf of Ngai Taiwhakaea v Whakatane District Council [pdf, 1.1 MB]

   ...8 discretionary activity, if their argument on the other aspects of the proposal were successful then the additional services and facilities would be non-complying activities. Further, on the basis that the activity status of all the activities forming part of the retirement village should be bundled together, the whole proposal would then fall to be considered as a non-complying activity. Meanings of associated with, accessory to and for the purposes of [22] It was common ground...

4. [2021] NZACC 38 - ACC v White and Ovation NZ Ltd (19 February 2021) [pdf, 214 KB]

   ...counsel confirmed that the application was ready to be set down for hearing. [29] On 4 December 2020, the matter was set down for a hearing on 18 February 2021 at 10.00 am. Notice was sent by the Registry to the Corporation and to Ovation, with a request to advise Mr White of the hearing date. In view of the COVID-19 lockdown in Auckland, this hearing was adjourned. [30] On 18 February 2021, at 9.00 am, a telephone conference was convened. Attempts by the Registry to contact Mr...

5. [2021] NZEmpC 153 WN v Auckland International Airport Ltd [pdf, 226 KB]

   ...conference. It is not, accordingly, a determination which can give rise to a challenge. [10] It is well accepted that, in deciding whether the Authority has made a determination susceptible to challenge, the Court must have regard to substance over form.2 And, as Ms Dunn, counsel for the company accepted, the applied descriptor (minute rather than determination) is not determinative. [11] The contents of the Authority’s minute are brief but, as s 174E makes clear, in deter...

6. Sherard v Devereux - Otakanini Church Site (2021) 238 Taitokerau MB 185 (238 TTK 185) [pdf, 275 KB]

   ...Between JANE SHERARD Te Kaitono Applicant ME And CAROLE DEVEREUX, ARIANNA HART, TRACEY HILL, JOHN HOHEPA, DENISE HOHEPA-HAPETA, RIKI MANUKAU, TUMANAKO POVEY, JOSEPH TIMOTI, CHERITH VAHA’AKOLO, RATU WAATA AND KAPU WILCOX AS FORMER TRUSTEES OF OTAKANINI MĀORI RESERVATION (HARANUI MARAE) Ngā Kaiurupare Respondents Nohoanga: Hearing 15 August 2016, 136 Taitokerau MB 270-293 27 September 2018, 181 Taitokerau MB 120-136 21 May 2019, 190 Tait...

7. [2022] NZACC 177 — Calzadilla v ACC (19 September 2022) [pdf, 255 KB]

   ...physiotherapy appointments as part of her rehabilitation. [17] On 12 June 2018, Ms Calzadilla commenced a back to work programme. [18] On 26 June 2018, it was noted that Ms Calzadilla demonstrated near full range of motion of the ankle without pain. She requested a review regarding the removal of the metalware used by the surgeon to stabilise the fracture. [19] On 8 July 2018, an Initial Medical Assessment was undertaken by Dr Hartshorn. Under the heading “Examination”, he not...

8. [2023] NZREADT 9 – Complaints Assessment Committee 2108 v O’Brien & Wildman (28 April 2023) [pdf, 247 KB]

   ...to Bayleys, depriving both Jervois and Bayleys of a share of the commission. CHARGES FILED IN THE TRIBUNAL [10] On about 18 November 2022, the charges were filed in the Tribunal. [11] Mr O’Brien and Ms Wildman both filed Response to Charge forms (dated 21 and 26 November 2022 respectively) admitting the charge of misconduct and all the particulars. [12] Following a telephone conference, the Tribunal issued Minute 1 with procedural directions on 20 December 2022. No party so...

9. 23 June 2022 JC Panel decision (Suppression) redacted [pdf, 242 KB]

   ...for access to the Panel’s file, we noted that the Complaint had not been formally referred to the Panel at that time and would not be unless the Panel determined it had jurisdiction to proceed.17 [53] That remains the case. Although the Panel requested that Special Counsel provide a copy of the letter of complaint to the Commissioner and the Commissioner’s recommendation, it did so in order to have that material available as background if required. There has, however, been no...

10. [2022] NZACC 78 – Hookway v ACC (5 May 2022) [pdf, 216 KB]

    ...Reviewer, who directed the Corporation to obtain an opinion from an occupational physician regarding Mr Hookway’s capacity for work, and then issue a new decision. [26] The Corporation obtained a workplace assessment dated 17 March 2020, and then requested an opinion on capacity from Dr David Ruttenberg, Occupational Physician. [27] On 4 June 2020, Dr Ruttenberg, having seen Mr Hookway, reported: The covered injury here appears to be other cervical disorder, notably in the C5/6...