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  1. Te Korowai Tiaki o Te Hauauru Incorporated v Te Rūnanga o Ngati Tama Trust - Te Rūnanga o Ngāti Tama Trust (2020) 425 Aotea MB 203 (425 AOT 203) [pdf, 309 KB]

    ...MB 18-75 14-15 September, 424 Aotea MB 85-278 (Heard at New Plymouth) Kanohi kitea: Appearances J Pou, R Enright and R Haazen for Applicants V Morrison-Shaw for Respondent D Churton for Ngāti Tama Kaeaea Trust Whakataunga: Judgment date 22 December 2020 TE WHAKATAUNGA Ā KAIWHAKAWĀ D H STONE Judgment of Judge D H Stone Copies to: J Pou, Tupono Legal Ltd, P O Box 1693, Rotorua 3040 pou@tupono.co.nz R Enright and R Haazen, Barriste...

  2. Stewart v Accident Compensation Corporation (Vocational Independence) [2022] NZACC 197 [pdf, 335 KB]

    ...STEWART Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 3 October 2022 Held at: Hamilton/Kirikirioa Appearances: K Koloni for the Appellant P McBride for the Accident Compensation Corporation Judgment: 10 October 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Loss of weekly compensation where vocational independence determined – s 112, Accident Compensation Act 2001 (the Act)] Introduction [1] This is an appeal relating to...

  3. OIA-109631.pdf [pdf, 3.4 MB]

    ...compared to 2,429 reports in 2022 at a cost of $6.45 million. Since 2017, approximately 8,231 reports have been funded through legal aid and PDS, at a total cost of approximately $20.354 million. This growth in the use of section 27 coincides with guideline judgments from the appellate courts which highlighted the pertinence of the offender’s background, including their cultural background, at sentencing.4 10. We understand that by committing to remove Government funding for section 27 repor...

  4. Toa'fa v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 116 [pdf, 306 KB]

    ...COMPENSATION CORPORATION First Respondent AND AUCKLAND MEAT PROCESSORS Second Respondent Hearing: 17 July 2023 Held at: Auckland/Tāmaki Makaurau Appearances: H Armstrong for the Appellant W Buckley for the Second Respondent Judgment: 24 July 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for work-related gradual process personal injury - s 30(2) , Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the de...

  5. Hodgson v Accident Compensation Corporation (Work-Related Personal Injury) [2024] NZACC 40 [pdf, 326 KB]

    ...AFFCO HOLDINGS LIMITED Second Respondent Hearing: 23 November 2023 Heard at: Wellington / Whanganui-A-Tara Appearances: Mr Q Vugler for the Appellant No appearance for the First Respondent Ms E Anderson for the Second Respondent Judgment: 29 February 2024 _____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J MCGUIRE (Work Related Personal Injury – Section 26; Section 28) ________________________________________...

  6. [2024] NZEnvC 024 Environmental Defence Society Inc v Minister for Environment [pdf, 373 KB]

    ...appellate jurisdiction. [109] The NES-PF does not on its face, incorporate regulation based upon a factual fiction; there is no express deeming provision contained in the NES-PF. Moreover, the substance of these questions challenges the evaluative judgement made by the author of these regulations, that not being amenable to a declaration under s310. [110] Counsel agreed that the question does not take matters very much further than the other questions.40 On that basis, the ques...

  7. [2014] NZEmpC 188 The Warehouse Ltd v Harris [pdf, 501 KB]

    ...Plaintiff AND MARGARET HARRIS Defendant Hearing: 25 and 26 August 2014 (Heard at Whangarei) Appearances: P Cranney and O Christeller, counsel for Margaret Harris P Swarbrick, counsel for The Warehouse Limited Judgment: 3 October 2014 JUDGMENT OF CHIEF JUDGE G L COLGAN A The Warehouse Limited dismissed Margaret Harris unjustifiably. B The Warehouse Limited is to reinstate Margaret Harris to the role of Loss Prevention Officer or to one...

  8. LCRO 233/2018 VM v XZ (21 December 2020) [pdf, 700 KB]

    ...scrutiny. Litigation is not an exact science and issues faced by counsel when preparing for and during the course of a case are not always capable of a right or a wrong answer. Tactical and strategic decisions made by counsel involve the exercise of judgement, often under pressure. Lawyers will frequently disagree about the best move to make at any given time. In Auckland Standards Committee v Castles, the New Zealand Lawyers and Conveyancers Disciplinary Tribunal noted that it was...

  9. [2007] NZEmpC WC 10B/07 Smith & Anor v Harvey [pdf, 53 KB]

    ...Authority BETWEEN DARRYL JAMES SMITH MAJTI ELIS NOLA Plaintiffs AND RONALD HARVEY Defendant Hearing: 24 September 2007 (Heard at Wellington) Appearances: Michael Gould, Counsel for Plaintiffs Gail Irwin, Advocate for Defendant Judgment: 18 December 2007 JUDGMENT OF JUDGE A A COUCH [1] Mr Harvey was employed by the plaintiffs as a driver. There were a series of difficulties in the relationship. After 2 months, Mr Harvey gave notice of his resignation...