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1. [2021] NZACC 28 - Williams v ACC (4 February 2021) [pdf, 171 KB]

   ...appellant’s covered injury was not established. [2] The issue on this appeal is whether this decision was correct. Background [3] The appellant sustained an injury to his right foot on 28 September 2018 when, as described in an ACR45 form submitted to the Corporation, the fork of a forklift dropped onto his right foot. [4] On 28 September 2018, the appellant who then was 26, presented at the emergency department of Dunedin Hospital with a crush injury to his right fo...

2. Auckland Standards Committee 2 v Burcher [2020] NZLCDT 18 (30 June 2020) [pdf, 145 KB]

   ...client or third person, will be relevant to the assessment (footnotes omitted). Having said that, we are dealing here with the 3 Auckland Standards Committee 1 v Fendall [2012] NZHC 1825. 4 performance of legal work while suspended. Limited tolerance only is to be afforded to such conduct.”4 (emphasis ours) [11] In referring to particulars nine, six, seven and eight, His Honour referred to Mr Burcher having “clearly crossed t...

3. [2020] NZEmpC 37 Kang v Lee [pdf, 353 KB]

   ...appear ready for the Authority to consider. Against that background, Mr Lee has belatedly sought an adjournment of the meeting, claiming that he has an urgent need to travel to South Korea. The explanation offered to the Authority to support this request was that he has business interests in New Zealand that are in some way funded by the Government of South Korea and it is necessary for him to attend, in person, in 1 See Employment...

4. LCRO 65/2019 PT v [Area] Standards Committee [X] [pdf, 164 KB]

   ...Conduct and Client Care) Rules 2008 (the Rules) that dealt with two matters involving conduct on the part of Ms PT (the report). The Committee requested information from Ms PT, considered the report and the information Ms PT had provided, and formed the view that Ms PT’s conduct in respect of one of those matters – sending herself an email attaching confidential information – would be regarded as unacceptable by lawyers of good standing. A finding of unsatisfactory conduct w...

5. Te Manutukutuku Issue 13 [pdf, 3.1 MB]

   ...- Barry Rigby .4 Wbangarae lC - Suzanne Woodley. This list represents only a part of the large number of reports in preparation. Staff are also providing assistance to those Tribunals currently engaged in report writing. Public relations and information service Requests for Tribunal members and staff to attend speaking engagements continued throughout the year, both at home and overseas. Organisations addressed ranged from Rotary clubs to universities. The Tribunal's library...

6. [2018] NZEmpC 117 GEA Process Engineering Ltd v Schicker [pdf, 237 KB]

   ...Authority (the Authority) and collateral proceedings in the Authority which have now been removed to the Court. [2] As a result of the decision made in the first determination of the Authority, which is now the subject of a de novo challenge, the Court requested a good faith report from the Authority pursuant to s 181 of the Employment Relations Act 2000 (the Act).1 The Court requested the good faith report on the basis of the first determination of the Authority, as it considered...

7. Water Services Entities Bill [pdf, 187 KB]

   ...Appendix 1. 12. These provisions can be broadly split into two categories: a. those that require the water services bodies to prepare and publish various documents; and b. those that require the water services bodies to provide information on request. 13. Where a provision is found to limit a particular right or freedom, it may nevertheless be consistent with the Bill of Rights Act if it can be considered a reasonable limit that is demonstrably justified in terms of s 5 of that Act...

8. HI, UI, LN and BJ Ltd v QD Ltd DU and HS Ltd [2021] NZDT 1660 (25 October 2021) [pdf, 244 KB]

   ...as occurring as the property was always intended to be owned by BJ and the purchase in the Trust’s name was in error. I am satisfied BJ has standing as an applicant given it was named as such in the “statement of claim” filed with the claim form in the Tribunal and to the extent necessary the order above confirms that to be the case. CI0301_CIV_DCDT_Order Page 2 of 6 3. The Applicants say subsequently when the property was prepared for sale in September 2019 it was discover...

9. KQ & WQ v EN & MN [2021] NZDT 1439 (27 April 2021) [pdf, 161 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 6 d) If not, should KQ and WQ be entitled to relief under s 18(6) of the DTA? Are KQ and WQ entitled to a refund for the arborist works under the contract? 7. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i...

10. EF v G Ltd NZDT [2021] 1530 (24 February 2021) [pdf, 229 KB]

    ...case the claim and counterclaim are essentially two halves of the same coin. The result must therefore be that if the counterclaim fails, the claim must succeed. 10. The rest of this decision addresses the substance of the counterclaim. The information provided by EF in his written claim and in the initial hearing is also taken into account in that context. 11. Following the second hearing on the counterclaim the issues to be addressed are now as follows: a) Was a debt due and...