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1. Lee v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 176 [pdf, 352 KB]

   ...Compensation Act 2001. [3] The respondent’s position is that there is insufficient evidence of a causal link between the appellant’s Parkinson’s Disease and a workplace exposure. Background [4] On 30 June 2021, an ACC injury claim form was filed for poisoning due to a chemical substance. The description of injury was: Worked for the Post Office from 1979 to 1986, was regularly exposed to trichloroethane and is concerned that his Parkinson’s Disease was caused by...

2. 2024 NZPSPLA 111.pdf [pdf, 154 KB]

   ...least two reminders and the fee was not paid until 17 July 2024. [22] Failure to file a complete annual return without reasonable excuse is an offence under s 43(7) of the Act and subsection (6) states that if a licensee fails to file the required forms and pay the fee its licence should be automatically suspended. Mr Taimalie advises all SPS Security workers are on contract, and he thought he only had to file a list of employees. However, he now accepts the annual return forms he co...

3. Restorative justice: Practice standards for family violence cases 2019 [pdf, 1.5 MB]

   ...It includes: • A common understanding of family violence – a section to ensure providers and facilitators across the sector have a consistent and common understanding of family violence, risk factors, what defines ‘family’, the different forms of abuse that can take place, the effects of family violence on adult and child victims, and on parenting. 7 • Risk assessment and management – information for family violence-endorsed facilitators to carry out a comprehe...

4. [2007] NZEmpC AC 33/07 Schneller v Ranworth Healthcare Ltd [pdf, 51 KB]

   ...there were significant contradictions between the evidence given to the hearings by Karen Schneller, and her written statement made to Ranworth after its receipt of Alison Schneller’s personal grievance. The Authority concluded that it was the former (sworn evidence) that was unreliable and that the latter (a statement made for the purposes of later litigation) was accurate. [5] Although I accept, as did the Authority, that Karen Schneller was an unreliable witness, I have not...

5. Recording Industry Association of New Zealand v TCLE-A-T6054929 [2013] NZCOP 4 [pdf, 44 KB]

   ...Tribunal, in relation to an infringement notice, it is presumed— (a) that each incidence of file sharing identified in the notice constituted an infringement of the rights owner's copyright in the work identified; and (b) that the information recorded in the infringement notice is correct; and (c) that the infringement notice was issued in accordance with this Act. (2) An account holder may submit evidence that, or give reasons why, any 1 or more of the presumptions...

6. Auckland Standards Committee v Morahan [2015] NZLCDT 29 [pdf, 459 KB]

   ...five working days thereafter. 3. Counsel for the applicant may respond to the respondent’s submission within a further five working days. [35] The Tribunal will then consider the matter of penalty on the papers. Either or both of counsel may request a hearing about the penalty to be imposed. DATED at AUCKLAND this 21st day of August 2015 BJ Kendall Chairperson

7. Turner v The University of Otago (Legal Professional Privilege Claim) [2016] NZHRRT 15 [pdf, 60 KB]

   ...personal information, the agency holding such information is permitted by s 29(1) of the Privacy Act 1993 to refuse to disclose such information if (inter alia) the disclosure would breach legal professional privilege: 29 Other reasons for refusal of requests 1 [This decision is to be cited as: Turner v The University of Otago (Legal professional privilege claim) [2016] NZHRRT 15.] 2 (1) An agency may refuse to disclo...

8. Director of Human Rights Proceedings v Wellington Advkit Services Ltd (Joinder of Second and Third Defendants) [2015] NZHRRT 11 [pdf, 60 KB]

   ...weekly compensation payments. Mr Dixon-McIver, acting in his capacity as employee or agent of Wellington Advkit Services Ltd, was the advocate who assisted Mr Apikotoa. [2.5] Subsequently Mr Apikotoa took legal advice and acting on that advice requested Mr Dixon-McIver to provide a copy of his (Mr Apikotoa’s) file. This Mr Dixon-McIver declined to do on the grounds Mr Apikotoa allegedly owed money to Wellington Advkit Services Ltd. [2.6] On 28 August 2012 a lawyer representing Mr A...

9. TC & AK v BH & TH [2021] NZDT 1306 (25 March 2021) [pdf, 250 KB]

   ...Contractor Payment? c) Are TC and AK entitled to the sum claimed? Did the Trustees breach the contract when they did not pay the final Contractor Payment to TC and AK? 4. 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.e. by looking at w...

10. Deputy Registrar - Lot 1 DP 17494 Part Section 2345 New Plymouth (old Railway Station) (2017) 374 Aotea MB 81 (374 AOT 81) [pdf, 277 KB]

    ...copies of the last three annual general meeting minutes. [4] In addition, the trustees will provide a response in their report to the allegations that are now in the public domain concerning the trust and its funds. The report and the documents requested should be filed with the Registrar on or before 1pm 31 July 2017. [5] The trustees will also furnish within 14 days from the date of this direction copies of the minutes of their last 12 months of trustee meetings. [6] The tr...