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1. Mackey - Succession to Rangi Hawea MacKey (2022) 113 Tairawhiti MB 37 (113 TRW 37) [pdf, 419 KB]

   ...this Trust are [the Tipuna and] all of the descendants of the Tipuna (“the Beneficiaries”). Register of Beneficiaries 1.4 The Trustees must maintain a register of the names and contact details of the Beneficiaries. The Beneficiaries are responsible for providing to the Trustees their names and up to date contact details. 113 Tairawhiti MB 53 Comment Box 1. If the Beneficiaries are all of the descendants of one or more tipuna (for example, mum and dad), then name t...

2. [2024] NZEmpC 28 Keighran v Kensington Tavern Ltd [pdf, 250 KB]

   ...acknowledged by another witness (who works predominantly in administration), no record of the agreement could be found despite searches of the system and despite what was said to be the company’s usual business practices. And the person who had been responsible for such matters at the relevant time was not called to give evidence. On balance Mr Keighran’s complaint under this head is made out. [66] An affected employee is entitled to pursue a penalty for breach of the requi...

3. Adams v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 013 [pdf, 452 KB]

   ...the arthritic facet joints. The myofascial pain could be due to both the facet joints and/or bruising as a result of the injury. Most of the time it was a combination. (16) Dr Singh reported again on 19 January 2018. Mr Adams had had a good response to the injection, such that a further injection was administered. Mr Adams was described as a genuine person who was keen to return to work, but it was not clear whether light duties were available. (17) On 27 February 2018 Dr Si...

4. Tsirakoff v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 148 [pdf, 331 KB]

   ...underwent in June 2014. It is not clear whether he knew the Corporation did not accept liability to fund that surgery. Whether the need for that surgery is injury related, is not under challenge. The evidence shows the Corporation did not accept responsibility for that surgery and the pathology being treated. [98] Notwithstanding, Dr Walls describes the effects of what he calls the injury. In his 2021 assessment, he focuses on current symptoms. He diagnosed chronic low back pa...

5. Horizon-Regional-Council-Cover-letter-Form-7a-and-Form-9-20221101.pdf [pdf, 608 KB]

   ...APPLICATION 9 166 WN24C/596 Ohau 3,4B2B Block 3996160 Brendon James Winiata, Colleen Merle De Castro, Corey Walker, Janine Frances Winiata, Mark Te Aohau Winiata, Muri Aroha Walker, Wayne Jacob Rangatira Ransfield, Wendy Waihuia Mitchell as responsible trustees of Nga Hau e Wha Trust 167 426720 Ohau 3 Sbdn 15 and 16 No 2B Block 6930907 Brendon James Winiata, Colleen Merle De Castro, Corey Walker, Janine Frances Winiata, Mark Te Aohau Winiata, Muri Aroha Walker, Wayne Jacob Rang...

6. Te Manutukutuku 80 [pdf, 13 MB]

   ...recognised and used in the law. She is the co­ author of the book Kia Kākano Rua te Ture, a resource designed to assist legal practitioners in the use of te reo Māori. Judge Thomas was also one of the members of the Māori Lawyers Association responsible for the com­ mencement of Te Kura Rōia, a full immersion reo Māori course designed specially for the legal profession. Welcome and congratulations, Judge Thomas.  Judge Alana Thomas 4 Staff Profiles Kesaia Walker Mālō...

7. Sale-and-Supply-of-Alcohol-Rugby-World-Cup-2023-Extended-Trading-Hours-Amendment-Act_FINAL.pdf [pdf, 588 KB]

   ...to: 26.1. require licensees to notify Police and local councils as soon as practicable if they change their plans and decide not to open after having notified otherwise. 27. I am mindful of the need to ensure that licensees operate in a safe and responsible way, managing the potential harms associated with longer opening hours. Police have existing powers under the Act to shut down licensed premises that breach the law. 28. This proposal ensures Police have improved information as...

8. Ferguson v Accident Compensation Corporation (Work-related gradual process injury) [2024] NZACC 167 (22 October 2024) [pdf, 295 KB]

   ...however an USS has shown that he has a severe tenosynovitis. Imp – repetitive strain, causing severe inflammation of the extensor tendons – pm. [15] On 17 April 2020, Dr McLaughlin completed a Medical Practitioner Cover Questionnaire. In response to the question: “What is the likely cause of the diagnosis?” he responded: “repeatedly doing up heavy ratchets on a truck cover”. [16] On 25 April 2020, Dr John Monigatti, Occupational Physician, stated: A number of studies i...

9. [2024] NZEmpC 234 Bowen v National Australia Bank [pdf, 295 KB]

   ...because of the adverse decision on the same issue in a related proceeding. That was said not to give rise to the alleged bias at law under the approach in A (SC106/2015) v R so that the jurisdictional argument falls away. [42] Mr O’Brien’s responses were that Ms Rendle’s supplementary arguments were flawed because the Authority does not exercise “inherent jurisdiction”. The Court was invited to not take into account Mr Oldfield’s further submissions where they went bey...

10. Fast Dispute Resolution - Consultation on a new statutory adjudication framework [pdf, 665 KB]

    ...Adjudicators could have high-level obligations including timeliness, avoiding unnecessary expense, managing conflicts of interest, and acting in accordance with the principles of natural justice. Setting clear obligations will ensure the adjudicator’s responsibilities are understood by both the adjudicator and the parties. These provide a framework for accountability and protection for parties against unethical behaviour, for example where an adjudicator seeks unreasonable costs o...