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1. Director of Proceedings v Bay of Plenty District Health Board [2022] NZHRRT 5 [pdf, 326 KB]

   ...Tribunal is asked to make a consent declaration. The parties have filed: [2.1] A Consent Memorandum dated 15 November 2021. [2.2] An Agreed Summary of Facts, a copy of which is annexed and marked ‘A’. [3] In the Consent Memorandum, the parties requested that the Tribunal exercise its jurisdiction in respect of the following matters: 3. (a) A declaration pursuant to s 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the He...

2. [2024] NZEnvC 052 Lakeside Developments 2017 Limited v Waikato District Council [pdf, 368 KB]

   ...Act), the Environment Court, by consent, orders that: (1) the appeal is allowed subject to the agreed amendments to PREC31 in Part 3: Area-specific matters of the Proposed Waikato District Plan (PDP) as set out in Appendix B, attached to and forming part of this order; and; (2) the appeal is otherwise dismissed. B: Under section 285 of the Act, there is no order as to costs. REASONS Introduction [1] This consent order relates to an appeal by Lakeside Developments 2017

3. 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...

4. 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...

5. EMPC Form 16 - Charging document [doc, 30 KB]

   Form 16 Charging document r 71(2) Under the Employment Relations Act 2000 I, ………………………………………………………………………………[full name], of …………………………………………………………………. [address, occupation] have just cause to suspect, and do suspect, that on the ....... day of ....... 20..., at ......., ……………………………………………………………………………….. [full name] of ……...

6. [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...

7. 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...

8. 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

9. 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...

10. 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...