Search Results

1. [2021] NZACC 76 - Herbst v ACC (20 May 2021) [pdf, 220 KB]

   ...HERBST Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 20-21 April 2021 Heard at: Auckland/Tāmaki Makaurau Appearances: The appellant in person Ms F Becroft and Mr L Mailand for the respondent Judgment: 20 May 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Unreasonable delay in providing rehabilitation; Reimbursement of appellant’s costs; ACC declining trea...

2. Naera v Fenwick - Whakapoungakau 24 block (2010) 15 Waiariki MB 279 (15 WAR 279) [pdf, 379 KB]

   ...dated 3-5 March 2010 7 Waiariki MB 231-337 dated 20-21 April 2010 Appearances: H Aikman QC, H Fagan and N Van der Wal for the Applicants D Hurd and D Dowthwaite for the First Respondents N Ingram QC and C La Hatte for the Second Respondent Judgment: 10 September 2010 RESERVED JUDGMENT OF JUDGE L R HARVEY Solicitors: Woodward Law, Wellington for the Applicants Dowthwaite & Co, Rotorua for the First Respondents Mike Garnham, Auckland for the Second Respond...

3. Lee v Couch - Rāpaki Marae 875 Sec 19 and others (2012) 12 Te Waipounamu MB 139 (12 TWP 139) [pdf, 209 KB]

   ...Te Waipounamu MB 197-232, dated 8 April 2012 12 Te Waipounamu MB 112-136, dated 4 April 2012 (Heard at Christchurch) Appearances: Kopa Lee, Te Whe Phillips, Tutehounuku Korako, Donald Couch, Rewi Couch, and Herana Stone all in person Judgment: 30 April 2012 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] Rāpaki Marae sits at the centre of the Ngāti Wheke community at Whakarāupo, (Lyttleton Harbour), Banks Peninsula, Christchurch along with a Rūnanga esta...

4. ASC - 2012 annual report [pdf, 1.2 MB]

   ...  of   a   significant   year   for   the   Abortion   Supervisory   Committee  (the  Committee).    As  the  reporting  year  closed  the  Supreme  Court  delivered  its   final   judgment   in   the   Right   to   Life   v   Abortion   Supervisory   Committee   case,   dismissing     Right  to  Life’s  appeal.    See  the  section  ‘Supreme  Court  Pr...

5. Complaint Assessment Committee 403 v Licensee B [2017] NZREADT 21 [pdf, 178 KB]

   ...workplace environment, where he was supervising and mentoring Ms A who was new to the real estate industry, and continued over a period of five months. He further submitted that the defendant’s conduct demonstrated a highly concerning lack of judgement and insight about inter-personal relationships in a professional environment and of the impact of his behaviour on others. [17] Mr Hodge submitted that a penalty which imposed a fine, with no other penalty, would be insufficient...

6. Family Court rewrite submission: Save the Children [pdf, 165 KB]

   ...safety risk to their daughter and Frances was granted day to day care of their daughter, with her ex- partner having 5 nights contact per fortnight. Frances stated the protection order would most likely not have been granted if the request had gone through the standard on notice track. In the domestic violence judgement, the judge found that Frances’s partner had misled the court in his evidence about the assault and had also not disclosed his criminal convictions. Despite this, there was...

7. Kapua - Estate of Ngamotu Paora [2019] Chief Judge's MB 1162 (2019 CJ 1162) [pdf, 389 KB]

   ...justice to remedy the mistake or omission. [13] 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 2019 Chief Judge’s MB 1174 judgments Ashwell - Rawinia or Lavinia Ashwell (nee Russell)8 and in Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block.9 I do not propose to repeat those principles again in this judgment. [14] However, for the benefi...

8. Solomon v Otte - Te Awapatiki- B2 & 2B3 (2021) 74 Te Waipounamu MB 125 (74 TWP 125) [pdf, 320 KB]

   ...Respondent Nohoanga: Hearings 22 October 2020, 69 Te Waipounamu MB 35-86 (Heard at the Chatham Islands) 11 December 2020, 69 Te Waipounamu MB 87-147 (Heard at Christchurch) Kanohi kitea: Appearances Whakataunga: Judgment date J Paterson for the Respondent M Solomon in person 3 December 2021 TE WHAKATAUNGA Ā KAIWHAKAWĀ REEVES Judgment of Judge S F Reeves Copies to: J Paterson, Ngāi Tahu Māori Law Center, P...

9. Samuela v ACC (Weekly compensation) [2024] NZACC 70 [pdf, 185 KB]

   ...COMPENSATION CORPORATION Respondent Hearing: 15 April 2024 Held at: Auckland District Court Appearances: H Peart and Ms E Manga for the Appellant C Hlavac for the Accident Compensation Corporation (“the Corporation”) Judgment: 22 April 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for weekly compensation – Schedule 1, clauses 49 and 51, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision o...

10. [2014] NZEmpC 119 Pact Group v SFWU & PSA [pdf, 271 KB]

    ...Hearing: 16 and 17 June 2014 (Heard at Dunedin) And by memoranda filed on 27 June and 1 July 2014 Appearances: B Dorking, counsel for plaintiff T Oldfield, counsel for first defendant C McNamara, counsel for second defendant Judgment: 8 July 2014 JUDGMENT OF CHIEF JUDGE G L COLGAN A The plaintiff did not breach cl 37 of the parties’ collective agreement. B The plaintiff breached s 9 of the Employment Relations Act 2000 by entering into c...