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1. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

   ...foresaw the possibility that his conduct might breach professional standards, then proceeded regardless. Mr Simpson referred to the Tribunal’s decision in Real Estate Agents Authority (CAC 20004) v Clark,9 in which the Tribunal quoted from the judgment of Phillips J in the Supreme Court of Victoria in Zaitman v Law Institute of Victoria:10 … while the solicitor, who does not knowingly act in contravention, must be shown to have foreseen that what he was doing might amount to a...

2. LCRO 57/2018 G RC and D RC v YS (30 April 2019) [pdf, 335 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [64] More recently, the High Court has described a review by this Office in the following way:10 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee dete...

3. RIS - Updating the provisions in the Electoral Act 1993 for managing polling disruptions [pdf, 773 KB]

   ...system, are intangible in nature. Their impact on issues such as public confidence is hard to measure, and costs and benefits are hard to estimate. The analysis in this Regulatory Impact Assessment (RIA) is, therefore, primarily qualitative. The key judgments (and assumptions) we have made about the impacts on agencies and individuals are included in relevant sections in the RIA. There have been no polling day disruptions requiring the use of the current provisions in the Act, s...

4. Tucker v Accident Compensation Corporation (Personal Injury and Social Rehabilitation) [2024] NZACC 78 [pdf, 255 KB]

   ...TUCKER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: K Paewai for the Appellant A Miller and R Mould for the Accident Compensation Corporation (“the Corporation”) Judgment: 7 May 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury - ss 20, 25, 26, 27, claim for social rehabilitation, s 81, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from...

5. Hartley v Accident Compensation Corporation (Claim for cost of treatment) [2023] NZACC 200 [pdf, 264 KB]

   ...COMPENSATION CORPORATION Respondent Hearing: 1 December 2023 Held at: Wellington/Whanganui-a-tara by AVL Appearances: B Hinchcliff for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 12 December 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for cost of treatment – Schedule 1, cl 1-2, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a R...

6. Lewis v Accident Compensation Corporation (Impairment Assessment) [2025] NZACC 16 (28 January 2025) [pdf, 287 KB]

   ...AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers (by request of the Appellant) Appearances: The Appellant is self-represented J Cole for the Accident Compensation Corporation (“the Corporation”) Judgment: 28 January 2025 RESERVED JUDGMENT OF JUDGE P R SPILLER [Impairment assessment - Schedule 1(4) of Accident Insurance Act 1998, and Schedule 1(3) - Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appe...

7. [2015] NZEmpC 181 Allied Investments Ltd v Guise [pdf, 167 KB]

   ...ALLIED INVESTMENTS LIMITED Plaintiff AND SHARON GUISE Defendant Hearing: 22, 23 July and 23 September 2015 (heard at Christchurch) Appearances: S Langton, counsel for plaintiff R Boulton, counsel for defendant Judgment: 16 October 2015 JUDGMENT OF JUDGE A D FORD Introduction [1] The plaintiff, Allied Investments Limited (Allied), is a national security company providing security services to clients throughout New Zealand. One o...

8. [2024] NZEmpC 127 Carrington Jade LP v Grant [pdf, 385 KB]

   ...Third Plaintiff AND IVA MARIA GRANT Defendant Hearing: 8–9 May 2024 (Heard at Whangārei) Appearances: W Tan, agent for first and second plaintiffs, and in person as third plaintiff Defendant in person Judgment: 17 July 2024 JUDGMENT OF JUDGE B A CORKILL Introduction [1] Iva Grant was successful with regard to claims which were investigated by the Employment Relations Authority.1 She established that she had been a permanent...

9. [2017] NZEmpC 146 Yu v Zespri International Ltd [pdf, 767 KB]

   ...Hearing: 2 August 2017, and on documents received 6, 12, 13 and 26 September 2017; 2, 17, 18, 19 and 20 October 2017 Appearances: P Skelton QC and C Pearce, counsel for the plaintiff M Richards and A Kirk, counsel for the defendant Judgment: 17 November 2017 JUDGMENT OF JUDGE B A CORKILL What are the problems? [1] This judgment resolves complex issues of disclosure, as raised by Mr Joseph Yu against his former employer, Zespri International Ltd...

10. Winitana v Wairoa Waikaremoana Maori Trust Board - Lake Waikaremoana [2021] Chief Judge's MB 615 (2021 CJ 615) [pdf, 568 KB]

    2021 Chief Judge’s MB 615 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE TAIRĀWHITI In the Māori Land Court of New Zealand Tairāwhiti District A20190003880 CJ 2019/17 WĀHANGA Under Section 45, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Lake Waikaremoana I WAENGA I A Between VERNON WINITANA Te Kaitono Applicant ME And WAIROA WAIKAREMOANA MĀORI TRUST BOARD Te Kaiurupare First Respondent