Search Results

1. [2018] NZEmpC 138 Samuels v Employment Relations Authority [pdf, 295 KB]

   ...applicability in New Zealand was confirmed in Bulk Gas Users Group v Attorney-General.10 Bulk Gas dealt with the ouster clause in s 96 of the Commerce Act 1975. This clause had a similar (but with some important differences, which I return to later) formulation to s 184 of the Employment Relations Act. It provided: Proceedings of the Secretary under this Part of this Act shall not be held bad for want of form. Except on the ground of lack of jurisdiction, no order, approval, pr...

2. D-G of Conservation - Murray Brass - EIC - 25 February 2022 [pdf, 234 KB]

   ...Court’s Practice Note 2014. I have complied with the practice note when preparing my written statement of evidence and will do so when I give oral evidence before the Court. 9. The data, information, facts, and assumptions I have considered in forming my opinions are set out in my evidence to follow. The reasons for the opinions expressed are also set out in the evidence to follow. 10. Unless I state otherwise, this evidence is within my sphere of expertise, and I have not o...

3. [2022] NZACC 23 – Harvey v ACC (1 March 2022) [pdf, 210 KB]

   ...showed irritation of the L5 root either from the L4/5 or the L5/S1 level, but that there was no obvious mechanical nerve root compromise. Mr O’Malley prescribed medication. [26] On 19 June 2017, Mr Harvey’s advocate wrote to the Corporation to request weekly compensation. He provided Dr Doherty’s medical certificate signed the year before (21 June 2016). The advocate reported that Mr Harvey’s GP had been providing ongoing medical certificates to Work and Income New Zealand...

4. [2021] NZEmpC 93 Gestro v Relph [pdf, 287 KB]

   ...a communication sent by Mr Relph to Mr McKenzie-Bridle on 2 March 2021. That email stated there had been an urgent meeting of “the board” the previous evening, in which it was proposed that LITC Ltd cease trading, and that a new company be formed with the intention of focusing on long-term accommodation with some short-term. The email stated that as LITC Ltd did not have any assets, it should be wound up. [75] The email also stated that the Board was in the final stages of app...

5. Tatere v Hauraki - Mangatainoka No 1BC No 2C No 1 (2021) 93 Tākitimu MB 135 (93 TKT 135) [pdf, 293 KB]

   ...earlier directions to call a meeting with beneficiaries, to appoint a second trustee and copies of any relevant documents; 7 Te Aute Board v Hauraki [2014] NZCA 532. 8 29 Takitimu MB 80-105 (20 TKT 80-105). 93 Tākitimu MB 140 (d) information related to the financial state of the Rua Roa farm, including information from Rabobank or financial advisers; (e) an outline of steps taken to comply with Rabobank’s directions in relation to the required debt equity ratio...

6. [2021] NZACC 63 – Carr v ACC (20 April 2021) [pdf, 236 KB]

   ...experiencing irritability of the ulnar nerve. He referred to the work trial and indicated that Ms Carr was enjoying the work but had difficulties building up her hours (beyond four hours a day). He suggested seeing a pain specialist for some form of nerve modulation and hoped that that might assist her in increasing her work hours. Subsequently, a referral to a pain specialist was made. [21] On 1 July 2015, Dr Samir Anwar, consultant in rehabilitation medicine, noted that Ms Carr...

7. 2021-06-15 ORC - MOC - Submissions in response to Amicus Curiae memorandum [pdf, 183 KB]

   ...this Part of this Act and which was granted under the Mining Act 1926 after the 9th day of September 1966; and (b) Any mining privilege in respect of water which was so subsisting or in force and which was granted under the Mining Act 1926 or any former Mining Act on or before the said 9th day of September 1966 to the extent that it has been authorised pursuant to subsection (2) of section 21 of the principal Act (as substituted by section 2 of the Water and Soil Conservation Amendment A...

8. Pook v Matchitt - Matangareka 3B Block [2020] Māori Appellate Court MB 126 (2020 APPEAL 126) [pdf, 266 KB]

   ...3040 curtis.bidois@eastbrewster.co.nz J Pou, Tu Pono Legal, JP 30025, Rotorua 3040 pou@tupono.co.nz mailto:curtis.bidois@eastbrewster.co.nz 2020 Māori Appellate Court 127 Introduction [1] Edward Matchitt brought proceedings against the former trustees of the Matangareka 3B Ahu Whenua Trust, including the second appellants, claiming inter alia, that they had failed to manage conflicts of interest with the result that they had profited from their office. [2] Hearings took p...

9. Reece v Accident Compensation Corporation (Weekly Compensation) [2022] NZACC 226 [pdf, 216 KB]

   ...reluctant to try his old job. [16] On 19 July 2018, Ms Chuang noted that Mr Reece was still indicating some sensitivity and weakness, and he was encouraged to continue with his prescribed exercises. Ms Chuang discharged Mr Reece as he had all the information needed to be able to continue with his therapy and was comfortable in the practice of the exercises. [17] On 7 August 2018, Mr Reece’s GP certified that Mr Reece had the capacity to work in his pre-injury occupation. [...

10. [2022] NZEnvC 104 Federated Farmers of New Zealand v Northland Regional Council [pdf, 534 KB]

    ...That wording is consistent with changes made through other appeals to the Proposed Plan, including appeals that have resulted in such abstraction points being mapped. The definition of “īnanga spawning site” is shown in Appendix 1 in the form proposed by the Court.6 The parties have not reached agreement on one provision: (a) Federated Farmers seeks that the rules relating to exclusion from īnanga spawning sites (Rules C.8.1.2(3), E.3.4.1(3) and E.3.5.1(3)) apply only w...