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1. Trustees of the Maungatautari 4G Section IV Trust v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV [2015] Māori Appellate Court MB 634 (2015 APPEAL 634) [pdf, 314 KB]

   ...Land Court dated 16 December 2014, WDC and MEIT were discouraged from seeking costs for the sake of the ongoing relationship between the parties going forward. So an award of costs should be declined, he argued. Reply submissions of WDC [35] In response, counsel for WDC points out that their costs submissions were filed in time and can be considered. Counsel says that the submissions could not have been filed on 22 August 2015, being a Saturday, as the Māori Land Court office was...

2. IPT Annual Report 2012 [pdf, 648 KB]

   ...Chairs’ terms began on 25 October 2010. The Members’ terms began on 1 November 2010, except Mr Martin’s, which began on 24 August 2011. 7 Training Programme Section 220(1)(b) of the Immigration Act 2009 gives the Chair responsibility for directing the education, training, and professional development of members of the Tribunal. Training members in each of the Tribunal’s jurisdictional streams is intended to give the Tribunal greater flexibility to manage...

3. [2017] NZEmpC 157 Johnston v The Fletcher Construction Co Ltd [pdf, 375 KB]

   ...(in my view) be illogical.23 Costs [52] Costs are reserved. If they cannot be agreed, the applicant is to file and serve any submissions in support of his application for costs within 15 working days of the date of this judgment; any response from the respondent within a further 15 working days; and anything strictly in reply within a further five working days. Christina Inglis Judge Judgment signed at 2 pm on 11 December 2017

4. EMPC speech GUEST LECTURE Privacy Employment Interface delivered in June 2016 [pdf, 311 KB]

   ...the means by which they came to the employer’s attention, the potential or actual impact on the employer’s business and/or the relationship of trust and confidence, how the information of concern was dealt with and what action was taken in response to it, weighing all relevant factors. Taiapa v Te Runanga O Turanganuia33 provides an example. The employee had advised their employer that they were sick and unable to attend work. During this time the employee was pictured on Fa...

5. Robinson v ACC [2012] NZACA 12 [pdf, 637 KB]

   ...permits the Corporation to determine and pay "fair and just compensation without being required to make assessments of relevant earnings and actual earnings". [27] The essence of Mr Peart's argument was that as the Corporation was responsible for the lack of documentation through its failure to pay ERC at the relevant time, following established principles of equity, it could not now rely on the lack of documentary proof to deny the appellant compensation. Following such...

6. Cambie v ACC [2012] NZACA 7 [pdf, 72 KB]

   ...showed the true picture. Persistent fetal circulation is a very uncommon situation and is very difficult to deal with primarily because of the shunting of blood and the difficulties in maintaining an adequate amount of oxygen. Specifically in response to your letter, there was no medical error or misadventure but the problem of the persistent fetal circulation in association with the birth asphyxia may constitute an unexpected event in terms of the ACC Act”. Later Specialist...

7. George v ACC [2012] NZACA 13 [pdf, 78 KB]

   ...unknown for silk, which of course remains undissolved to precipitate a sterile abscess which normally settles when the offending piece of silk are removed. However this did not occur in Mr George’s case. I am of the opinion that the silk was responsible for the septic “arthritis” eventually leading to total destruction of the shoulder.” [16] On 18 December 1980, Mr McMillan also requested the Corporation cover the appellant’s current condition. He gave a detailed medical...

8. Smith - Waiomu 3B2B2B3B2(2015) 105 Waikato Maniapoto MB 12 (105 WMN 5) [pdf, 185 KB]

   ...trustees’ proposal could be amended to take account of the list of issues raised by Mr Dehar and Mrs Beynon-Gainfort. I therefore directed that the B2 trustees prepare a statement setting out the trustees’ amended proposal and including the responses to the various issues raised at the hearing. Mrs Beynon- Gainfort and Mr Dehar were to reply with any questions, queries or suggested changes, with a finalised statement to be prepared and sent out to the 1B owners by way of e-mail....

9. AQ v ZF LCRO 243/2012 (26 March 2014) [pdf, 138 KB]

   ...singing when the investigating officer left the interview room. Mrs AQ was indignant that Ms RW had not provided the AQs with a similar level of detail after the investigating officer had spoken to her about the interview. [34] In her substantive response to NZLS,3 and at the review hearing, Ms RW referred to a file note she had made on 9 September 2009, which she said recorded a summary 2 McKaskell v Benseman [1989] 3 NZLR 75....

10. [2016] NZEmpC 154 AFFCO NZ Ltd v NZMWU [pdf, 197 KB]

    ...referring to the publications in question, alleged that these were the antithesis of the duty of good faith in that they did not assist in establishing and maintaining a productive employment relationship in which the parties are, among other things, responsive and communicative and instead act to destroy any such relationship. The application went on to plead that conventional requirements for interlocutory relief all favoured the making of the order for an interim compliance orde...