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1. Kiriona v Groot - Kawerau A Section 13 and others (2022) 273 Waiariki MB 182 (273 WAR 182) [pdf, 245 KB]

   ...HOHEPA-WATENE, BLANCHE KIRIONA AND RAYMOND PATIHANA TOLLEY AS TRUSTEES OF THE TUKUAHAU WHĀNAU TRUST Ngā kaiurupare Respondents Nohoanga: Hearing 7 July 2021, 258 Waiariki MB 110-121 (Heard at Rotorua) Whakataunga: Judgment date 20 April 2022 TE WHAKATAUNGA Ā KAIWHAKAWĀ C T COXHEAD Judgment of C T Coxhead 273 Waiariki MB 183 Hei kōrero tīmatanga Introduction [1] The Tukuahau Whānau Trust...

2. [2021] NZACC 192 - Beban v ACC (2 December 2021) [pdf, 177 KB]

   ...ANNETTE BEBAN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 25 November 2021 Held at: Rotorua/Rotorua-Nui-A-Kahumatamomoe Appearances: A Carlyle for the appellant F Becroft for the respondent Judgment: 2 December 2021 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for funding for social rehabilitation - s 81, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 29 March...

3. UV Ltd v MB Ltd [2023] NZDT 81 (11 November 2022) [pdf, 221 KB]

   ...set out in section 138 to 141. 10. Section 138 applies if the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller’s skill or judgement, and the goods are of a description that it is in the course of the seller’s business to supply (whether or not the seller is the manufacturer). If s 138 does apply there is an implied warranty that the goods are reasonably fit for t...

4. [2021] NZACC 162 – Murray v ACC (18 October 2021) [pdf, 247 KB]

   ...HARRIET MURRAY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 27 September 2021 Heard at: Wellington/Te Whanganui-A-Tara Appearances: Ms M Howard for the appellant Ms L Hansen for the respondent Judgment: 18 October 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Causation – Injury or Gradual Process] _____________________________________________________________...

5. E66 Ian Munro - Urban Design - EIC - VHHL [pdf, 1.2 MB]

   ...often couched in general ‘rules of thumb’ or issues for consideration so as to promote the best possible outcome for any given circumstance. But they are almost always secondary to the relevant statutory planning outcomes to be achieved and the judgement of the decision maker as a means of preventing inappropriate outcomes. 3.2 I consider that this ‘typical’ approach is not relevant to the Panuku proposal because the agreed Design Requirements are intended to be a quasi-reg...

6. [2016] NZEmpC 112 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 431 KB]

   ...J Lawrie and S Meikle, counsel for first defendant and for third defendants who are members of the first defendant P Cranney and A-M McInally, counsel for second defendant and for third defendants who are members of the second defendant Judgment: 31 August 2016 JUDGMENT OF CHIEF JUDGE G L COLGAN A The gatherings of union members of 26 and 27 March 2015 were not “union meetings” pursuant to s 26 of the Employment Relations Act 2000 or under cl 42 of the rel...

7. [2018] NZEmpC 91 Pan Pac Forest Products Ltd v First Union [pdf, 431 KB]

   ...Defendant AND E TŪ INCORPORATED Second Defendant Hearing: 24 July 2018 (Heard at Napier) Appearances: M Wisker and J Bates, counsel for the plaintiff P Cranney and O Christeller, counsel for the defendants Judgment: 10 August 2018 JUDGMENT OF JUDGE B A CORKILL Introduction [1] Pan Pac Forest Products Ltd (Pan Pac) wishes to restructure the staffing levels of a circular saw centre that it operates at its sawmill on a rotating thr...

8. Teeuwen v Accident Compensation Corporation (Claim for treatment injury) [2024] NZACC 206 [pdf, 174 KB]

   ...COMPENSATION CORPORATION Respondent Hearing: 12 December 2024 Held at: Tauranga/Tauranga Moana District Court Appearances: The Appellant is self-represented B Marten for the Accident Compensation Corporation (“the Corporation”) Judgment: 16 December 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for treatment injury - s 32, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated...

9. Comparing NZCASS with Police statistics

   ...offences classified in the same way? As a general principle, offences in the NZCASS are coded: in line with current legal theory in line with current Police recording procedures. Despite this, an exact match is unlikely because Police may make different judgments when deciding: whether to record an incident as an offence which category it should be placed in. This means that some offences may have been placed into a different offence category, which will affect comparability. Are the same t...

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   6. How to interpret and use NZCASS results

10. [2022] NZEmpC 186 Teddy and Friends Ltd v Page [pdf, 177 KB]

    ...costs BETWEEN TEDDY AND FRIENDS LIMITED Plaintiff AND PHILLIP PAGE Defendant Hearing: On the papers Appearances: A Schirnack and E Crowley, counsel for plaintiff E Hartdegen, counsel for defendant Judgment: 17 October 2022 COSTS JUDGMENT OF JUDGE B A CORKILL [1] This decision resolves a costs application which follows my judgment of 20 July 2022, when I ruled that an in-time dismissal grievance had been raised with Te...