Search Results

1. [2024] NZEmpC 69 Magnum Hire Ltd v Parker [pdf, 224 KB]

   ...balance of convenience. 10 Employment Relations Act, s 180. 11 Duncan v Osborne Building Ltd (1992) 6 PRNZ 85 (CA) at 87. 12 Employment Court Regulations 2000, reg 64. 13 Grove v Archibald [1998] 2 ERNZ 125 (EmpC) at 128–129; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. 14 Assured Financial Peace Ltd v Pais [2010] NZEmpC 50 at [5]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48...

2. Auckland Standards Committee 3 v Mr G [2024] NZLCDT 16 (31 May 2024) [pdf, 164 KB]

   ...in 2021 and his law professionals in January 2022. He does not come from a privileged background and was the first in his family to have achieved such a high educational level. We mention this only to note that Mr G is unlikely to have had the resources or mentors to call upon, which might be available to other young lawyers in the early stages of their careers. [4] He began his first law job at the beginning of April 2022 and the events, the subject of this charge, took place in...

3. BB v NC [2024] NZDT 127 (16 April 2024) [pdf, 204 KB]

   ...comply with them. The written response from the [council] that was provided to me on the point was vague, and the writer was mistaken about when the work had been carried out. Thus, I do not think the evidence shows that NC was obliged to obtain any resource or building consent for KC’s work or that any such consent was not complied with. The evidence did not establish what consents might have been required for work of the kind in question some ten years ago. Did NC make any misrepre...

4. Bowdler - Waikawa Village Section 26A (2024) 85 Te Waipounamu MB 32 (85 TWP 32) [pdf, 339 KB]

   ...is seeking a hapū partition, which differs from other partitions, in that the apportioned land will be held by members of the same hapū. Under s 301 of the Act, a hapū partition can be granted without obtaining a subdivision consent under the Resource Management Act 1991 from the relevant territorial authority. Therefore, under section 304 of the Act, the Court will impose certain restrictions on any future alienation (sale) of the partitioned land to persons who are not members of...

5. Political Lobbying Project: Feedback meeting on voluntary lobbying code of conduct [pdf, 238 KB]

   ...further suggested that without an industry association, this section does not seem to naturally fit in a voluntary code. They expressed support for establishing an industry association but recognised that to do so would require time and financial resources beyond the capacity of small firms. 5 Next steps and closing 30. The Ministry invited attendees to submit further written feedback on the draft code by 19 February 2024. 31. They also advised that a summary of this...

6. Herangi - Lot 12 DP 8805 (2023) 259 Waikato Maniapoto MB 126 (259 WMN 126) [pdf, 263 KB]

   ...of the registered owners, with the support of the intended beneficiaries. [30] I acknowledge that Gibson Road is of special significance to Ngaati Tiipa, a hapū of Tuakau. Therefore, retention and the effective management of Gibson Road as a resource for the hapū and iwi is important. Further, the land was originally owned by whānau members and was gifted to the Methodist Church for the benefit of Tuakau Māori. In other words, it was always the intention that the land be ut...

7. [2024] NZEmpC 88 Henderson Travels Ltd v Kaur [pdf, 232 KB]

   ...explain the contingency contemplated by that statement but, in the context of the application, he could only have been referring to Henderson Travels being unsuccessful in its challenge. [25] Mr Sikri bolstered his reliance on the financial resources of Flight Experts by exhibiting to his affidavit bank statements from that company showing positive cashflow and credit balances. [26] Mrs Sikri, who was Henderson Travels’ only director at the time of the hearing, also sw...

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

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person's underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itse...

9. Lewis v Accident Compensation Corporation (Claim for treatment injury) [2024] NZACC 159 [pdf, 176 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person's underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: 8 (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of i...

10. BL v Accident Compensation Corporation (Overseas Personal Injury) [2023] NZACC 106 [pdf, 175 KB]

    ...life-threatening stressful events that are certain to cause pervasive distress is almost anyone. The threats [the appellant] experienced during those five long months were sufficiently severe to overwhelm [the appellant’s] coping and adaptability resources. She demonstrated enduring personality change [f]ollowing an extended five-month series of inescapable, overwhelming traumas. That is, the medical evidence suggests that [the appellant’s] mental injuries were caused by the...