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1. Paraire v Paraire – Part Mangatawa 10 (2015) 105 Waikato Maniapoto MB 67 (105 WMN 67) [pdf, 213 KB]

   ...Maniapoto MB 287-292) 16 February 2015 (94 Waikato Maniapoto MB 150-157) 7 May 2015 (98 Waikato Maniapoto MB 154-162) 3 July 2015 (101 Waikato Maniapoto MB 68-100) (Heard at Tauranga) Appearances: Mr J Gear, Counsel for the applicants Judgment: 31 August 2015 RESERVED JUDGMENT OF JUDGE S R CLARK Copies to: Mr J Gear, Koning Webster, Lawyers, P O Box 11120, Papamoa 3151, joshua@kwlaw.co.nz mailto:joshua@kwlaw.co.nz...

2. Tank Trust v Auckland Council & Anor [2013] NZWHT Auckland 15 [pdf, 237 KB]

   ...inspections and issuing the CCC and therefore is liable for the full amount of their claim. The claimants make no claim against Mr Wang however the Council claims that Mr Wang is liable to it for contribution to the extent of an indemnity towards any judgment against the Council. Mr Wang was a director of Asian Building Services Limited (now struck off), the company that carried out the building work. Mr Wang described himself as the project manager and builder and said that he w...

3. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

   ...allegations that were without substantial merit I consider that the respondents are entitled to costs. THE COSTS [83] The parties have each claimed the full costs of the proceedings from the time of the Calderbank letter. [84] France J in his judgment said in relation to a Calderbank Offer:- Page | 21 [63] In my view the adjudicator was entitled to take account of the letter. Its exact nature and terms are less significant that its general effect, which is to...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. [2022] NZEmpC 192 E Tū Inc v Rasier Operations BV [pdf, 483 KB]

    ...Court did not find that the drivers were employees, it may be noted that it had not been asked to determine that issue – rather the applicant drivers had sought a declaration of “worker” status.30 Similarly, I have considered a number of judgments from other jurisdictions, helpfully drawn to my attention by counsel.31 Following the hearing, the Federal Supreme Court of Switzerland released two further relevant judgments, which the parties were provided with an opportunity t...