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  1. [2007] NZEmpC WC 22/07 Tawhiwhirangi v CE of the Department of Corrections [pdf, 97 KB]

    ...employer’s own Human Resources Manual. Therefore, if the employer has not followed his own process, that can be the subject of a compliance order. [3] As developed in argument by his counsel, the defendant’s jurisdictional submission was that the form of relief sought amounts in effect to a quia timet injunction that cannot be made against the Crown. The form of relief is, however, a statutory compliance order that the Employment Relations Act affirms can be made against a r...

  2. [2013] NZEmpC 145 AARTS v Barnardos NZ and Ors [pdf, 185 KB]

    ...this conduct in litigation. Although the parties were given an opportunity to seek leave to join counsel as a party for the purposes of costs, the defendant elected not to do so. The Court commented 5 that, had the unsuccessful plaintiff’s former counsel been joined as a party for the purposes of costs, “he would have very likely faced a substantial order made against him personally”. McKean was a very unusual case as the judgment records 6 “for reasons in part connecte...

  3. LA Audit Report 2018-2019 and 2019-2020 [pdf, 401 KB]

    ...escalated Issues escalated 3 2 12 5 2 3 2 1 2 0 2 4 6 8 10 12 14 16 18 20 2019-2020 2018-2019 Number of audits Fi n an ci al y e ar Reminder First Notice Second Notice Final Notice Referral to PRC* 4 Final notices and the performance review committee The issuing of a final notice usually means that a provider is close to being referred to the Performance Review Committee (PRC). A notice may be accompanied by a warning that failure to comply may result in a P...

  4. LCRO 233/2014 IB v KZ (27 June 2018) [pdf, 204 KB]

    ...represent his lay client and promote and protect fearlessly and by all proper and lawful means his lay client's best interests. This is a duty which the advocate owes to his client but it is also in the public interest that the duty should be performed. The judicial system exists to administer justice and it is integral to such a system that it provide within a society a means by which rights, obligations and liabilities can be recognised and given effect to in accordance with the...

  5. [2021] NZEnvC 168 Director-General of Conservation v Thames-Coromandel District Council [pdf, 454 KB]

    ...be obtained to focus the minds of not only the utility operator but also the Council about what is happening.14 Counsel for PowerCo endeavoured to deflect that place-marker argument by saying that her client is required to make corridor access requests to the Council, such that the Council will already be on notice. Our reason for saying we do not accept that submission is that different sections of the Council will be involved, administering different policies and regulatory obje...

  6. LCRO 80/2019 ZB v YC (18 August 2021) [pdf, 204 KB]

    ...on Mr ZB’s complaint about that issue, on grounds that 3 [WE] Ltd (in liquidation) v [XD F] Ltd HC Auckland CIV-[redacted], [date] per [Judge]. 4 [WE] Ltd (in liquidation) v [XD F] Ltd [20xx] NZHC [xxx] (date). 4 commercially sensitive information might emerge, and Mr ZB had no personal interest in the in-house counsel issue. [23] The practical effect of those procedural steps was to keep the in-house counsel issue alive, but remove Mr ZB as the complainant. [XD] proceeding...

  7. [2021] NZACC 177 – Williams v ACC (5 November 2021) [pdf, 454 KB]

    ...treatment injuries, was correct. Background [2] The appellant had cover for “a sprain of shoulder and upper arm” on both the left and right sides as a result of a water blasting event on 27 August 2017. The description of injury in the claim form, completed on 29 August 2017, was: Water blasting – has given me a sore neck and shoulders. [3] From 26 March to 5 May 2018 Mr Williams attended a number of chiropractic appointments as part of the treatment for his injury,...

  8. HM v Accident Compensation Corporation (Personal Injury) [2024] NZACC 004 [pdf, 199 KB]

    ...court, to lead evidence on all points that were investigated, whether strictly obliged to or not. [16] In Allenby v H,2 the Supreme Court stated: [66] Where, however, the medical misadventure involves misdiagnosis of a disease, perhaps without any form of treatment being given, it is not a natural use of language to speak of the progression of the disease (say the enlargement of a cancerous tumour and the spreading of the cancer to another part of the body) as a physical injury. Y...

  9. Waitangi Tribunal - Part II Te Urewera [pdf, 6.9 MB]

    T    E  U     R  E  W  E  R  A P   A  R  T     I  I,  V    O    L    U    M    E  1 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz W  A  I

  10. Final-Technical-Assessment-M-Built-Heritage-v2.pdf [pdf, 1.1 MB]

    Barristers and Solicitors Wellington Solicitor Acting: David Allen / Thaddeus Ryan Email: david.allen@buddlefindlay.com / thaddeus.ryan@buddlefindlay.com Tel 64 4 462 0423 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 IN THE MATTER OF the Resource Management Act 1991 AND IN THE MATTER OF applications for resource consents and notices of requirement in relation to the Ōtaki to North of Levin Project BY WAKA KOTAHI NZ TRANSPORT AGENCY Applic