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  1. National Standards Committee 1 v Haines [2022] NZLCDT 10 (8 April 2022) [pdf, 551 KB]

    ...position to pay him or when certain milestones were achieved (the first important one being the reconciliation of the Body Corporate fees said to be owed by Mr M). This would fit with the narrative that as funds became available from successful judgments, that Mr M would be in a position to pay him. [65] Mr McMenamin points out that with such a highly unusual arrangement as alleged by the client Mr M, if it existed, it ought to have been reduced to writing.22 20 Report by Investi...

  2. [2021] NZEmpC 189 Lye v ISO Ltd [pdf, 178 KB]

    ...Employment Relations Authority BETWEEN GEORGE LYE Plaintiff AND ISO LIMITED Defendant Hearing: On the papers Appearances: SR Mitchell, counsel for plaintiff K Ashcroft and JN Steele, counsel for defendant Judgment: 3 November 2021 JUDGMENT (NO 3) OF JUDGE K G SMITH [1] George Lye sought a compliance order against ISO Ltd. He did so because the employment agreement they have does not comply with pt 6 of the Employment...

  3. Smith v ACC [2010] NZACA 7 [pdf, 90 KB]

    ...assess relevant earnings. [101] The other case that is of some assistance here is Snowdon. In that case Mr Snowdon suffered a whiplash and lower back strain injury as a result of an earth moving vehicle tipping over. For reasons discussed in the judgment, it was not until 1993 that Mr Snowdon applied for weekly compensation. The Corporation turned him down on the basis that there was no supporting evidence that he had suffered a loss of earnings at the time of the accident....

  5. Kapua - Succession to Paora te Hiko [2022] Chief Judge's MB 645 (2022 CJ 645) [pdf, 450 KB]

    ...Succession to Paora te Hiko also known as Ngamotu Paora or Te Koti Paora NĀ By IVY WAITANGI KAPUA Te Kaitono Applicant Nohoanga: Hearing 14 May 2019, 2019 Chief Judge’s MB 704-718 (Heard at Rotorua) Whakataunga: Judgment date 29 September 2022 TE WHAKATAUNGA Ā KAIWHAKAWĀ MATUA TUARUA C L FOX Judgment of Deputy Chief Judge C L Fox 2022 Chief Judge's MB 646 Hei timatanga kōrero Introdu...

  6. Moyer v Accident Compensation Corporation (Personal Injury) [2024] NZACC 210 (19 December 2024) [pdf, 338 KB]

    ...AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 31 October 2024 Held at: Wellington/Te Whanganui-a-Tara Appearances: Ms KMH Ford and Mr JMM Miller for the Applicant Mr AC Hughes and Mr ML Campbell for the Respondent Judgment: 19 December 2024 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE JACQUI CLARK [Personal Injury: ss 20, 25, and 26(1)(b) Accident Compensation Act 2001] ______________...

  7. Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust (2013) 306 Aotea MB 175 (306 AOT 175) [pdf, 114 KB]

    ...TAUEKI Applicant AND TRUSTEES OF HOROWHENUA 11 (LAKE) PART RESERVATION TRUST Respondents Hearing: 14 May 2013 (Heard at Levin) Counsel: Mr T Bennion, Counsel for the Applicant Ms S Johnston, Counsel for the Respondents Judgment: 9 August 2013 RESERVED JUDGMENT OF JUDGE M J DOOGAN Copies to: Tom Bennion, Bennion Law Barristers and Solicitors, PO Box 25 433 Panama Street Wellington Shannon Johnston, Fitzherbert Rowe Lawyers,...

  8. New Zealand Transport Agency - Kaiti 336F (Roadway) (2020) 92 Tairawhiti MB 287 (92 TRW 287) [pdf, 486 KB]

    ...1 March 2016, 57 Tairāwhiti MB 210-216 (Heard at Gisborne) Kanohi kitea: Appearances N Milner, for Land Information New Zealand B Gilling, for Makorori Forests Limited W Wright, for Matuaokore Ahu Whenua Trust Whakataunga: Judgment date 3 February 2020 TE WHAKATAUNGA Ā KAIWHAKAWĀ C M WAINWRIGHT Judgment of Judge C M Wainwright Copies to: N Milner, Kahui Legal, PO Box 1654, Wellington 6140 Nathan@kahuilegal.co.nz C Bidoi...

  9. Te Rongomau v Nikau - Whangape Parish Lot 23B (2011) 28 Waikato Maniapoto MB 95 (28 WMN 95) [pdf, 81 KB]

    ...AND ANNE WIKITORIA NIKAU Respondent Hearing: 30 and 31 March 2011, 19 Waikato Maniapoto MB 209-312 (Heard at Hamilton) Appearances: Ms Rachel Hall, Counsel for the Applicant Mr Yashveen Singh, Counsel for the Respondent Judgment: 22 September 2011 RESERVED JUDGMENT OF JUDGE S TE A MILROY AS TO COSTS Copy to Counsel: Ms Rachel Hall, McCaw Lewis Lawyers, P O Box 9348, DX GP20020, Hamilton 3240, Rachel.Hall@mccawlewis.co.nz Mr Y...

  10. Singla v IAA [2018] NZIACDT 15 (8 June 2018) [pdf, 191 KB]

    ...complaint to the Tribunal. Should she decide to refer the complaint to the Tribunal, then the Act contemplates the potential for further investigation (ss 47 and 48). [19] Statutory investigators in roles of this kind are required to exercise their judgement as to whether they pursue a particular matter. This type of role is discussed in Brierley Investments Ltd v Bouzaid [1993] 3 NZLR 655 by the Court of Appeal. That case concerned the Commissioner of Inland Revenue, but makes th...