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1. Pickering - Waima D8 [2018] Chief Judge's MB 820 (2018 CJ 820) [pdf, 710 KB]

   ...necessary in the interests of justice to remedy the mistake or omission. [10] The principles that are applied to s 45 decisions have been previously set out in numerous decisions made by the Chief Judge and myself. These are to be found in the judgments Ashwell - Rawinia or Lavinia Ashwell (nee Russell)2 and in Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block.3 I do not propose to repeat those principles again in this judgment. [11] However, for the benefit o...

2. [2021] NZACC 174 - Crockford v ACC (5 November 2021) [pdf, 420 KB]

   ...PAUL CROCKFORD Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 26 August 2021 Heard at: Via telephone conference Appearances: Mr M Darke, advocate for the appellant Mr I Hunt for the respondent Judgment: 5 November 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Section 51 – Abatement of Weekly Compensation; Section 14 Earnings as a Self Employed Person; Rec...

3. Te-Au-Reka-and-Family-Court-Rules-Consultation-Paper-270923-v2.pdf [pdf, 940 KB]

   ...accept Registrar notifications through Te Au Reka. Please also see the comments on page 14, as part of section 2.2, which set out the proposed approach to ‘alerts’. • Other information transmitted by registry and Judges: Court orders and judgments will also be able to be transmitted through Te Au Reka (see also section 1.2 on digital signatures and seals, which relates to this). This may require minor changes to various rules including 206, 206A and 206B. 1.2 Enabling...

4. Clay v Accident Compensation Corporation (Personal Injury) [2024] NZACC 91 [pdf, 283 KB]

   ...CIV-2003-441-607, 6 July 2004), Gendall J. referred to the definition of “decision” in s. 6(1) of the 2001 Act, and stated, at paragraphs 17-18: “...The definition section is not exclusive. To make a decision is to make up one’s mind, to make a judgement, to come to a conclusion or resolution. Only when a decision has been made can there be a right of review and if no right of review exists then s133(5) has no application. ... The substance [of the communication in questio...

5. Tatai v Woodman - Waimahana D No3B Section 1 (2024) 282 Taitokerau MB 106 (282 TTK 106) [pdf, 318 KB]

   ...Taitokerau MB 80-108 25 May 2022, 248 Taitokerau MB 205-209 15 April 2024, 277 Taitokerau MB 204-257 (Heard at Kaitaia) Kanohi kitea: Appearances P Tatai, W Haupapa and H Foley in person R Park for the respondents Whakataunga: Judgment date 4 December 2024 TE WHAKATAUNGA Ā KAIWHAKAWĀ M P ARMSTRONG Judgment of Judge M P Armstrong Copies to: R Park, Watkins Law, PO Box 147, Kaikohe 0440, roslyn@watkinslaw.nz 282 Tai...

6. Rec-Recap-2023-Q3-FINAL.pdf [pdf, 790 KB]

   ...drinking alcohol. It is not. Operating a boat is at least as complicated as driving a motor vehicle, and a boating accident can be just as lethal as a road accident. No matter what the activity, alcohol affects balance, vision, coordination and judgement. Of particular relevance to this case is the effect alcohol can have on the ability to react when something goes wrong, and that the effects of alcohol are exaggerated on, and in, the water. II. [Maritime New Zealand] promotes safe...

7. [2025] NZEmpC 215 Scott v Damar Industries Limited [pdf, 248 KB]

   ...INDUSTRIES LIMITED Defendant Hearing: 11 August 2025 Further submissions filed on 25 August 2025 (Heard at Auckland) Appearances: A Twaddle and A Clarke, counsel for plaintiff R Scott and A McGhie, counsel for defendant Judgment: 15 September 2025 Reasons: 29 September 2025 REASONS FOR JUDGMENT OF JUDGE M S KING [1] This judgment resolves a challenge to an Employment Relations Authority (the Authority) determination declinin...

8. Tabram v Slater [pdf, 99 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2007-100-000041 BETWEEN RICHARD TABRAM and HAYLEY TABRAM Claimants AND ARRAN SLATER and MICHELLE SLATER First Respondent AND OJO LIMITED Second Respondent AND BRUCE TINDALE (Removed) Third Respondent AND MINERAL PLASTER TECHNOLOGIES LIMITED Fourth Respondent Hearing: 23, 24, 25 February 2009; 5, 11 March 2009 Appearances: T.J. Rainey and A. Parlane for the claimants E.J. Taia for the first respondents A. M

9. [2022] NZACC 184 — Simpson v ACC (27 September 2022) [pdf, 233 KB]

   ...APPEAL UNDER SECTION 162(1) OF THE ACT BETWEEN ALBERT SIMPSON Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: B Hinchcliff for Mr Simpson L Mailand for the Respondent Judgment: 27 September 2022 JUDGMENT OF JUDGE P R SPILLER [Leave to Appeal] Introduction [1] This is an application for leave to appeal against a judgment of His Honour Judge McGuire, delivered on 4 July 2022.1 At issue in the ap...

10. [2023] NZEmpC 64 Whangamata Golf Club Inc v Harwood [pdf, 261 KB]

    ...proceedings BETWEEN WHANGAMATA GOLF CLUB INCORPORATED Plaintiff AND BENJAMIN HARWOOD Defendant Hearing: On the papers Appearances: R Drake, advocate for plaintiff V Corbett, counsel for defendant Judgment: 24 April 2023 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL (Application for stay of proceedings) Introduction [1] Whangamata Golf Club Inc (the club) has brought a challenge to a determination of the Employment R...