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1. Heads v Attorney-General [2015] NZHRRT 12 [pdf, 703 KB]

   ...the requirement that a superannuitant surviving spouse elect between weekly accident compensation on the one hand and New Zealand superannuation on the other breaches the right to be free from discrimination on the grounds of age. An alternative claim based on the grounds of marital status was abandoned during the hearing. [4] Should the plaintiff’s argument succeed, it is estimated by the Corporation that, at most, some 30 surviving spouses over NZSQA and drawing New Zealand superan...

2. Koha v Tatana - Succession to Winika Hāwe [2022] Chief Judge's MB 266 (2022 CJ 266) [pdf, 359 KB]

   ...of the case to the Court, and on the part of the Court, on the grounds that: (a) There was no record of any agreement or arrangement made to transfer the Māori Land interests to Paenga Wikitera; and (b) They were never notified concerning the claims put forward and they wanted to be included. [5] The original applicants alleged adverse effects from the orders complained of because: (a) The original applicants were the children of Winika Hāwe, yet they were not included in th...

3. Waitangi Tribunal theme I - Māori and rating law [pdf, 549 KB]

   ...that Tawhiao was also opposed to them.78 Tamihana Maehewa complained of a road 69. NZPD, 1882, vol 41, p 373 70. Ibid, 1877, vol 25, p 573 71. Ibid, 1878, vol 29, p 120 72. AJHR, 1880, g-4, pp 6, 7, 9, 10, 13 73. Ibid, 1880, g-4A, p 1 74. Typical is a statement of Pairama Ngutahi who thought that the member of Parliament Katene had done well in getting roads made in the north. He now wanted the Government to build a road from Wairoa to Mangonui: AJHR, 1879, g-8, p 14 75. Ibid 76. Ibid, p 26...

4. B v Southern Response Earthquake Services Ltd [2021] CEIT-2021-0006 [pdf, 336 KB]

   ...with the need for enhanced foundations, should they be required. Southern Response paid the money then due under the agreement. However, Mr B did not follow the process in the agreed timeframe or the agreed extensions to the timeframe, and his claim was closed. He has now applied to this Tribunal to have his claims for enhanced foundations considered. 2) This decision considers whether Southern Response can rely on the agreement as a defence against Mr Bs’ application. Mr B says...

5. KC v Accident Compensation Corporation (Mental Injury and Social Rehabilitation) [2023] NZACC 011 [pdf, 276 KB]

   ...with a psychologist. [16] On 30 October 2019, a psychological assessment was completed by Ms Kathryn McLennan, Clinical Psychologist, and Mr Matthew Manderson, Neuropsychologist. The assessment noted the appellant felt she had two different claims, a work‑related claim and a sensitive claim. The report described the appellant’s working situation in late 2013/2014, as reported by her. She was completing her training. Her husband was living in a different town and she was co...

6. [2022] NZEmpC 223 FGH v RST [pdf, 688 KB]

   ...Accordingly, Ms H initiated proceedings in the Authority, asserting that the instituting of formal disciplinary proceedings against her was unjustified. [28] Eventually, those proceedings were removed by the Authority to the Court.2 As soon as a statement of claim and a statement of defence were filed, a telephone directions conference was held with counsel. It was agreed that a Judicial Settlement Conference (JSC) should be convened. 2 FGH v RST [2021] NZERA 377....

7. [2021] NZACC 33 - McSherry v ACC (10 February 2021) [pdf, 241 KB]

   ...Corporation’s decision of 19 February 2019 declining to cover the appellant’s disc herniation due to his accident of 23 April 1999. [2] At issue on appeal ACR 235/19 is whether a review decision of 5 September 2019 dismissing the appellant’s claim that he is entitled to cover by way of a deemed decision for disc herniation was correct. Background [3] On 12 October 1995, the appellant injured his back at work. [4] The GP notes of 23 October 1995 state: Back i...

8. IPT Practice Note 3/2023 Residence [pdf, 422 KB]

   ...hearing. If giving evidence at a distance, the witness is expected to be in a position to confirm: (a) their identity; (b) they are alone (or that all others present are identified); (c) they do not have in front of them any notes or copies of statements (unless approved by the Tribunal); (d) they have no other telephone, or other audio or audio-visual link operating; and (e) they are not receiving advice or assistance from any other person or source, unless otherwise approv...

9. [2023] NZIACDT 23 – ED v Dai (11 August 2023) [pdf, 245 KB]

   IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2023] NZIACDT 23 Reference No: IACDT 05/22 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY THE REGISTRAR OF IMMIGRATION ADVISERS Registrar BETWEEN ED Complainant AND YUXIANG HENDRY DAI Adviser Hearing at Auckland on 27 July 2023 SUBJECT TO SUPPRESSION ORDER DECISION Dated 11 August 2023

10. Owen v Hauiti - Kiwinui A (2016) 57 Tairawhiti MB 70 (57 TRW 70) [pdf, 290 KB]

    ...Court is invited to make an order in favour of the Owen whānau. Respondent’s Submissions [54] Counsel submits that any claim by the Owen whānau can only be based on the contributions they made to the renovations and upkeep. However, equitable claims of this nature must satisfy strict criteria. Counsel points to and distinguishes the constructive trust cases of Lankow v Rose and Gillies v Keogh on the basis that they concern “cohabitation” or matrimonial relationships. [...