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1. SN v Q Ltd [2025] NZDT 156 (14 July 2025) [pdf, 190 KB]

   ...do file an appeal at the same time, the rehearing application will be heard first. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the procee...

2. [2022] NZEmpC 184 Straayer v Employment Relations Authority [pdf, 329 KB]

   ...Background [1] Mr Adriaanus Straayer is a former employee of WorkSafe New Zealand (WorkSafe) who raised personal grievances in the Employment Relations Authority, in the course of which two particular decisions were made prior to the convening of an investigation meeting. [2] As a result, Mr Straayer brought a judicial review proceeding, alleging that in making the two decisions the Authority had breached the principles of natural justice. [3] Then WorkSafe brought an...

3. ENV-2016-CHC-000071 Application for Declarations [pdf, 3.6 MB]

   BEFORE THE ENVIRONMENT COURT ENV-2016- IN THE MATTER AND IN THE MATTER BETWEEN AND of the Resource Management Act 1991 of an application for declarations under Part 12 of the Act ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED Applicant MACKENZIE DISTRICT COUNCIL Respondent APPLICATION FOR DECLARATIONS BY ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED 17 November 2016 Counsel Acting: R B Enright / MCWright PO Box 91736 Victoria Street West Auckland 1142 E: madeleine@ed

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

   ...the final warning. In spite of that her registration was renewed. [18] In September 2005 STKA received complaints from a relieving teacher and support worker at Avon about Ms McLennan’s behaviour and practices. She was suspended pending an investigation into two allegations: (a) That she had forcibly and inappropriately handled a child. (b) That she regularly allowed her dog to be at the kindergarten in breach of regulations. [19] Following investigation, she was dismissed...

5. [2015] NZEmpC 178 Twentyman v The Warehouse Ltd interlocutory [pdf, 116 KB]

   ...Compensation Corporation, it meets many of the Corporation’s (as well as its own as employer) obligations under the legislation and is, I imagine, therefore exempt from the payment of levies. Ms Swarbrick confirmed that the defendant is not privately insured for its accident compensation obligations, at least in respect of workplace accidents. [26] Ms Twentyman says that she has been paid, and continues to be paid, an earnings-related weekly sum equivalent to 80 per cent of h...

6. LCRO 8/2019 GM v NK (25 June 2019) [pdf, 234 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader tha...

7. LCRO 195/2016 AJR v BKT (29 October 2018) [pdf, 159 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader th...

8. Watson v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 110 (2 July 2024) [pdf, 276 KB]

   ...been lodged: 5 [45] First, for Ms Watson to qualify for deemed cover for CRPS, she needs to have made a claim for this injury. This is revealed in case-law such as in Thomas, where the Court was clear that the Corporation was required to investigate having received a claim for cover. It is the responsibility of Ms Watson to lodge such a claim, and there is no obligation on the Corporation, in the absence of a claim, to carry out investigations as to cover for CRPS. In...

9. LCRO 171/2023 PF v DS (1 February 2024) [pdf, 188 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader t...

10. NE v Accident Compensation Corporation (Reviewable Decision) [2025] NZACC 060 (8 April 2025) [pdf, 265 KB]

    ...It is this review decision which the appellant challenges in this appeal. The appellant’s submissions [38] In her written submissions, the appellant says she was reluctant to lodge her first sensitive claim. It was only after two years of private psychotherapy before she felt able to disclose the schedule 3 events. [39] At hearing, the appellant spoke to the wider context to her claims. The appellant’s submissions included the following points that: (i) Her claims were...