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1. Estate of Kearney v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 25 (17 February 2025) [pdf, 195 KB]

   ...Respondent On the papers Appearances: J Tebbs Kearney for the appellant B Johns for the respondent Judgment: 17 February 2025 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE JACQUI CLARK [Leave to Appeal to High Court: s 162 Accident Compensation Act 2001] ___________________________________________________________________________ Introduction [1] The Applicant, Mrs Tebbs Kearney, on behalf of the estate o...

2. Tipene v Ashby - Motatau 2 Section 31C (2025) 291 Taitokerau MB 211 (291 TTK 211) [pdf, 222 KB]

   ...Hearing 17 February 2025, 286 Taitokerau MB 10-13 (Heard at Kaikohe) Kanohi kitea: Appearances R Park for the Applicant Whakataunga: Judgment date 25 June 2025 TE WHAKATAUNGA Ā KAIWHAKAWĀ W W ISAAC Judgment of Judge W W Isaac 291 Taitokerau MB 212 Hei tīmatanga kōrero Introduction [1] On 20 February 2024, Judge Armstrong made orders:1 (a) determining that the dwelling on Motatau 2 Section 31C was the sole and exclus...

3. [2024] NZEnvC 031 Friends of Conical Hill Inc v Hurunui District Council [pdf, 229 KB]

   ...under s 120 of the Resource Management Act 1991 BETWEEN FRIENDS OF CONICAL HILL INCORPORATED (ENV-2022-CHC-000007) Appellant AND HURUNUI DISTRICT COUNCIL Respondent AND HANMER SPRINGS THERMAL POOLS AND SPA Applicant Court: Environment Judge L J Semple sitting alone under s 279 of the Act Hearing: In chambers on the papers Last case event: 6 March 2024 Date of Decision: 11 March 2024 Date of Issue: 11 March 2024 _______________________________________________________...

4. 2019 Decisions of public interest

   ...of employment law as well as for the particular parties. These will include some judgments of the full Court and others examining and applying new law. 2019 Decisions of Note: [2019] NZEmpC 190 Maddigan v Director-General of Conservation (Judgment of Judge Christina Inglis, 17 December 2019) UNJUSTIFIED DISMISSAL - REMEDIES – REINSTATEMENT -  unfair process – defects more than minor – dismissal substantively unjustified – penalty of $5,000 for breach of good faith – mitigation co...

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5. Faulkner v Deputy Registrar - Allotment 5 Parish of Tahawai - minority decision [2010] 2010 Maori Appellate Court MB 672 (2010 APPEAL 672) [pdf, 140 KB]

   ...DEPUTY REGISTRAR Respondent AND TRUSTEES OF ALLOTMENT 5 PARISH OF TAHAWAI First Interested Party AND WESTERN BAY OF PLENTY DISTRICT COUNCIL Second Interested Party Hearing: 12 August 2009 (Heard at Tauranga) Court: Judge L R Harvey (Presiding) Judge D J Ambler Judge C T Coxhead Appearances: Mr P Rupe, Lay advocate appearing for Appellant Ms R Zame, for the Western Bay of Plenty District Council Judgment: 21 December 2010 at 4:45 PM JUDGME...

6. Advocacy-in-the-Employment-Court-Some-Observations-2014.pdf [pdf, 278 KB]

   ADVOCACY IN THE EMPLOYMENT COURT – SOME OBSERVATIONS Judge Christina Inglis Effective advocacy takes many forms. It is not simply the way in which counsel manages to extract a devastating concession in cross-examination, or the flourish with which they deliver closing submissions. Much comes down to tactics, pleadings and written submissions. A reputation for sound judgment, honesty and integrity will also go a long way. While mediation, Authority investigations, and the C...

7. TR v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 82 [pdf, 262 KB]

   ...IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 162(1) OF THE ACT BETWEEN TR Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Judgment: 19 May 2023 JUDGMENT OF JUDGE D L HENARE [Leave to Appeal to the High Court Section 162(1) Accident Compensation Act 2001] [1] This is an application for leave to appeal to the High Court against a judgment of His Honour Judge McGuire, delivered on 20 February 202...

8. Mota v Accident Compensation Corporation (Leave to Appeal to High Court) [2025] NZACC 102 (19 June 2025) [pdf, 190 KB]

   ...BETWEEN DANILO DOUGLAS MOTA Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Submissions: W Forster for the Applicant F Becroft for the Corporation Hearing: On the papers Judgment: 19 June 2025 JUDGMENT OF JUDGE P R SPILLER [Leave to Appeal to the High Court: s 162 Accident Compensation Act 2001] Introduction [1] This is an application for leave to appeal against a judgment of Her Honour, Judge Clark, delivered on 20 March 2025.1 The mat...

9. Tamati – Whareongaonga 6 Block (2012) 27 Tairāwhiti MB 194 (27 TRW 194) [pdf, 124 KB]

   ...159-163 25 September 2012, 25 TRW 228 19 October 2012, 26 TRW 157-172 (Heard at Gisborne) Counsel: P Harman, counsel for the applicant R Barber, counsel for the respondent Judgment: 18 December 2012 RESERVED DECISION OF CHIEF JUDGE W W ISAAC Solicitors: P Harman, PO Box 665, Napier 4140 Attention: Paul Harman Wilson Barber & Co, PO Box 109, Gisborne Attention: R Barber 27 Tairawhiti MB 195 Background [1] The pres...

10. [2015] NZEmpC 216 Roy v Tamaki College Board of Trustees no 3 interlocutory [pdf, 151 KB]

    ...2015 (from plaintiff) and 2 December 2015 (from defendant) Appearances: S Govender, counsel for plaintiff RM Harrison and E McWatt, counsel for defendant Judgment: 3 December 2015 INTERLOCUTORY JUDGMENT (NO 3) OF CHIEF JUDGE G L COLGAN [1] Kirsty Johnston, a reporter with the New Zealand Herald newspaper has applied to the Court to “search, inspect and copy a document on the Court file” and, in particular, “those [documents] laying out the claim, an...