Search Results

1. Handy v New Zealand Fire Service Commission (Strike-Out Application) [2018] NZHRRT 27 [pdf, 351 KB]

   ...Mr Handy’s adjournment application. However, having had since October 2017 to provide a medical report to the Tribunal, there has been a sufficiency of time for him to provide the requisite detailed information. It is not in the interests of justice for this matter to remain undetermined. It is unfair to NZFSC to remain in this proceeding when they have applied, a long time ago, for it to be struck out. The application to adjourn sine die is declined. The Tribunal will n...

2. McLeod v McIver - Succession to Harai McIver (2019) 401 Aotea MB 58 (401 AOT 58) [pdf, 310 KB]

   401 Aotea MB 58 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20180009335 UNDER Section 117, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Harai McIver also known as Harai Hohaia – Transfer of deceased’s interests from Latavinia Michelle McLeod and Alan John McLeod as administrators to beneficiaries BETWEEN LATAVINIA MCLEOD ALAN MCLEOD Applicants AND LOIS McIVER EUNICE McIVER Respondents Hearing: 15...

3. Accident Compensation Corporation (Leave to Appeal to the High Court) [2023] NZACC 020 [pdf, 216 KB]

   ...pushed, bullied, sexual insulted/harassed, threatened, things were thrown at me, walls were punched next to me, I was accused of infidelity and foul/degrading language was used on me. I would like ACC to pay for my medical expenses relating to these matters. I have not needed a regular GP prior to 2014 in Auckland. These matters affected my health, wellbeing, work, training, and finances. I had to leave my home in New Zealand under dire circumstances. My anaesthesia training has bee...

4. [2006] NZEmpC WC 22/06 South Taranaki Free Kindergarten Association v McLennan [pdf, 59 KB]

   ...reinstatement. [3] Both parties accept the substantive determination of the Authority, however STKA has appealed against the remedies and in particular the order for reinstatement. The non-de novo hearing was restricted to those two matters. [4] Although it was argued for STKA that the Employment Relations Authority did not correctly decide the question of reinstatement, as this issue was reheard fully the only question is whether the Court should order reinstatement....

5. [2011] NZEmpC 3 Northland DHB and 20 Others v New Zealand Resident Doctors Association Inc [pdf, 188 KB]

   ...exercised in cases of minor technical informality does not mean that s 219 should be interpreted as applicable only to such cases. It is a broad discretionary power and the Court must look at all of the interests of the respective parties and of justice to determine whether it should be exercised. [71] Finally, the plaintiffs say that despite having drawn the issue to the Union’s attention on 19 November 2009, the defendant did not respond and it was only eight days after that ad...

6. [2021] NZREADT 8 - Complaints Assessment Committee 2001 v Sheldon (19 February 2021) [pdf, 198 KB]

   ...of this Act, a licensee is guilty of misconduct if the licensee’s conduct– … (b) constitutes seriously incompetent or seriously negligent real estate agency work [17] In Complaints Assessment Committee 2003 v Jhagroo, her Honour Justice Thomas said that:2 The words of s 73(b) must be given their plain meaning. Whether serious negligence or serious incompetence has occurred is a question to be assessed in the circumstances of each case. … the Tribunal is well pla...

7. KU & UE v TQ Ltd [2021] NZDT 1649 (28 October 2021) [pdf, 292 KB]

   ...dismantled the engine. Upon doing so, UU discovered that incorrect sized piston rings were present in various positions and one ring had been fitted upside down. 13. The Civil Aviation Authority (“CAA”) conducted an investigation into the matter. The CAA report appears to be based on the findings made by DT of UU. He concluded that the engine failed from oil starvation due to incorrect rings fitted to the pistons resulting in oil escaping into the combustion chambers and the engi...

8. Practice note: Children's supervised contact [pdf, 110 KB]

   ...specialist report writer. The intention is that the Court does not rely on the provider for this evidence. If the Court considers that the information set out in the provider report does not go far enough and it wishes to hear a report on other matters such as attachment, bonding, fear, safety and other such psychological issues, the appropriate avenue for the Court to receive such information is through a specialist report writer pursuant to s 133 of the Care of Children Act 2004. 5....

9. BORA Crimes Amendment Bill [pdf, 361 KB]

   ...Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omission...

10. BORA Geographical Indications (Wine and Spirits) Registration Amendment Bill [pdf, 280 KB]

    ...Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omission...