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1. [2013] NZEmpC 246 Dunn v Waitemata DHB [pdf, 147 KB]

   ...barrier to his successful occupational rehabilitation, Dr Kenny stated that the major barrier was the current proceedings resulting from the personal grievance and consequent employment mediation. [10] On 19 August 2008, the WDHB wrote to Mr Dunn requesting that he provide notification as to his intention to return to work. Not receiving a reply, the WDHB wrote again to Mr Dunn on 9 September 2008, informing him that if no reply was received, the WDHB would assume that he did not...

2. Mihaka v Housing New Zealand Corporation (Recusal Application) [2017] NZHRRT 7 [pdf, 227 KB]

   ...The relevant paragraphs of the Minute follow: 4 The recusal issue [15] The Minute of 21 June 2016 required any recusal application to be filed by 1 July 2016. As earlier mentioned, no such application has been filed. Instead Mr Mihaka requests further information regarding Mr Shirley: … regarding the involvement of Mr Shirley in both the Act party - such as information regarding his position and beliefs regarding justice and social housing and other policy matters, and als...

3. LCRO 137/2017 and LCRO 33/2018 CH v RB and GN (28 June 2019) [pdf, 192 KB]

   ...parties have agreed to the reviews being dealt with on the papers. The reviews have been undertaken on the papers pursuant to s 206(2) of the Act, which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [31] I record that having carefully read the complaint, the response to the complaint, the Committee’s decisions and th...

4. [2020] NZEmpC 160 Van Kleef v Alliance Group Ltd [pdf, 271 KB]

   ...particulars. Thereafter, I treated the application as being one for further and better disclosure under reg 6 of the Employment Court Regulations 2000. Several categories of documents were sought.2 [4] Alliance did not oppose Ms van Kleef’s requests as recorded at paras 5, 6 and 8 of her application. I directed that disclosure of these documents occur. Mr Smith searched for, and located, a small number of relevant documents, and provided them in accordance with a timetable...

5. LCRO 205/2016 EK v IQ (15 October 2018) [pdf, 169 KB]

   ...legal work to put in place the management structure that Mr EK wished to have his development operate under. [46] Specifically, he says that he wanted to operate his business under the vehicle of a limited partnership, and that Mr IQ himself had informed Mr EK, that he (Mr IQ) had no experience of having set up such a partnership. [47] Mr EK’s concerns were, he says, amplified when he received documentation from Mr IQ. In Mr EK’s opinion, the document received was simply a temp...

6. GotB Submissions in support of application to strike out - final [pdf, 227 KB]

   ...re-apply to CAA for another RESA approval. At that time its stated intention was to apply by “the end of March 2018”. 21. As it turns out, WIAL only applied to CAA on 30 April 2018 (ie a month later than it had originally stated). 22. CAA requested further information on 12 June 2018, and WIAL intended to provide that information by “mid-July” 20183. This was only provided to CAA on 8 August 2018.4 Further information was requested by CAA, and it was apparently only sa...

7. [2021] NZIACDT - 12 EM v Yong (3 June 2021) [pdf, 164 KB]

   ...client stating that her NZQA assessment was for immigration purposes and not for registration as a secondary school teacher. She would have to ask NZQA for a teacher registration assessment. [17] The client and Mr P met on 11 June 2019. She requested termination of the agreement. Mr P asked her to wait until he came back to her with advice about other suitable visas and notification of whether Kitson could refund 50 per cent of the fee. [18] Mr Yong rang the client on the same...

8. LCRO 70/2020 FL v TP (8 October 2020) [pdf, 192 KB]

   ...identifying details of the parties in this decision have been changed Introduction [1] Ms FL has applied for a review of a determination by the [Area] Standards Committee [X] in which the Committee made a finding of unsatisfactory conduct against her former lawyer Mr TP in relation to delays in issuing invoices, but also took no further action in relation to her complaint that Mr TP had overcharged her. [2] Various penalty and compensation orders flowed from the Committee’s de...

9. [2022] NZACC 42 - Kidd v ACC (17 March 2022) [pdf, 293 KB]

   ...resolved. Background [2] On 18 October 2017, the appellant’s physiotherapist lodged a claim for a left rotator cuff sprain said to have occurred on 20 September 2017, when the appellant had been playing golf. [3] The ACC injury claim form had this description of injury: Playing golf, swung golf club and hurt left shoulder as overswung it. [4] In the physiotherapist’s assessment notes of the same day, he records, under the heading “current history”: 20/9/2017 s...

10. CC v BB LCRO 151/2012 (11 December 2015) [pdf, 155 KB]

    ...of title (or unique identifiers). [3] In [date] building consent [XXX] was issued for the construction of a dwelling and garage/workshop on the property, but the construction of the dwelling did not proceed and 1 Letter attached to complaint form (26 March 2012). 2 Agreement for Sale and Purchase (all versions). 3 Various correspondence from [The Firm]. 2 the consent was amended to permit the conversion of the garage/workshop to an accessory (habitable) building. [4]...