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1. Donnelly v Deputy Registrar - Ohinepoutea B [2018] Māori Appellate Court MB 219 (2018 APPEAL 219) [pdf, 478 KB]

   ...AND DEPUTY REGISTRAR Respondent Hearing: 29 March 2018 (Heard at Gisborne) Coram: Judge S Te A Milroy (Presiding) Judge C T Coxhead Judge M P Armstrong Appearances: T Donnelly and R Johnson in person Judgment: 2 May 2018 JUDGMENT OF THE COURT 2018 Maori Appellate Court MB 220 Introduction [1] This is an appeal from an oral decision of the Māori Land Court given on 19 September 201...

2. [2019] NZEmpC 46 Southern District Health Board v Glasson [pdf, 457 KB]

   ...AND SOUTHERN DISTRICT HEALTH BOARD Defendant Hearing: 17 – 19 September 2018 (Heard at Invercargill) Appearances: S Hornsby-Geluk, counsel for Southern District Health Board B Manning, counsel for Ms Glasson Judgment: 30 April 2019 JUDGMENT OF JUDGE K G SMITH [1] Kerren Glasson has been employed by the Southern District Health Board (the DHB) since December 1987. She considers herself to be a cardiac sonographer and wa...

3. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...In exercising its powers and functions, the Tribunal must act— 4 (a) in accordance with the principles of natural justice; and (b) in a manner that is fair and reasonable; and (c) according to equity and good conscience. [10] The judgment in Andrews at [65] also records a significant point made by the Director of Human Rights Proceedings regarding access to justice even when a claim appears to be without merit: [65] ... The Director of Human Rights Proceedings points ou...

4. Rata v Rata - Takahiwai 5F1 [2023] Chief Judge's MB 60 (2023 CJ 60) [pdf, 262 KB]

   ...the interests of justice to remedy the mistake or omission. [14] The principles that are applied to s 45 decisions have been previously set out in numerous decisions made by the Chief Judge and Deputy Chief Judge. These are to be found in the judgments Ashwell - Rawinia or Lavinia Ashwell (nee Russell)10 and in Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block.11 I do not propose to repeat those principles again in this judgment. [15] However, for the benefit...

5. FN v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 199 [pdf, 288 KB]

   ...This assessment showed that [the respondent] has severe problems with attention, mental flexibility and complex problem solving. Moderate issues are also highlighted in auditory and motor memory, math skills, simple problem solving and safety and judgement … It is advised that [the respondent] has further cognitive rehab on discharge and that she receive a neuropsychological assessment to isolate the issues she has and continue to rehab or compensate for deficits. [14] On 9 Oct...

6. LCRO 18/2017 LK v NM [pdf, 233 KB]

   ...been unsatisfactory conduct on the part of Mr LK in respect of a complaint by his client, Mr NM; (b) Mr LK pay a $3,000.00 fine; and (c) Mr LK pay $2,000.00 costs. Background [2] Mr NM approached Mr LK for advice on recovering a debt. [3] A judgment was obtained together with a charging order to secure the judgment. 2 [4] Application was made to set aside the judgment. [5] When that application came before the Court, no lawyer was present to represent Mr NM. [6] Mr NM...

7. 2021-05-26 Transcript (up until 3.15pm on day 32) [pdf, 2.4 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CJC-127 IN THE MATTER OF The Resource Management Act 1991 AND Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 17 May 2021 in Dunedin Court: Environment Judge J E Borthwick Comm

8. 2021-05-26 Transcript (up until 3.15pm on day 32) [pdf, 2.4 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CJC-127 IN THE MATTER OF The Resource Management Act 1991 AND Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 17 May 2021 in Dunedin Court: Environment Judge J E Borthwick Comm

9. [2007] NZEmpC AC 12/07 CE of Unitec Institute of Technology v Henderson [pdf, 105 KB]

   ...TECHNOLOGY Plaintiff AND KATHLEEN JOAN HENDERSON Defendant Hearing: 12, 13 and 14 June 2006 (Heard at Auckland) Appearances: Emma Butcher, Counsel for Plaintiff Christopher Patterson, Counsel, and Colin Ross, Advocate for Defendant Judgment: 19 March 2007 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The issues for decision in this challenge (appeal) by hearing de novo from a determination of the Employment Relations Authority are: • whether Kathleen Henderson’...

10. [2009] NZEmpC AC 31/09 Ora Ltd v Kirkley [pdf, 80 KB]

    ...Relations Authority BETWEEN ORA LIMITED Plaintiff AND SONJA KIRKLEY Defendant Hearing: 18, 19 and 20 May 2009 (Heard at Auckland) Appearances: Giles Brant, counsel for plaintiff Lawrence Ponniah and Bethany Harper, counsel for defendant Judgment: 4 September 2009 JUDGMENT OF JUDGE B S TRAVIS Introduction [1] The plaintiff’s challenge to a determination of the Employment Relations Authority finding that it had unjustifiably dismissed the defendant, Mrs...