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1. Beker v Accident Compensation Corporation Costs on Review and Weekly Compensation [2023] NZACC 12 [pdf, 272 KB]

   ...vocationally independent and able to work for 30 or more hours a week in a number of types of work was correct in that it was the only reasonable conclusion that ACC could have reached at that time, based on all the evidence that was considered. [101] The situation in the present case is markedly different from a that in Cowley, where Judge Henare said of the report in question: The fact of passing reference to the covered difficulties in the past history of illness section, sug...

2. [2018] NZEmpC 47 New Zealand Nurses Organisation v Waikato District Health Board [pdf, 366 KB]

   ...consequence that Ms Panettiere resigned on notice rather than explicitly retired. The defendant does not argue otherwise and the point is accepted. [100] We do not accept this argument. The retiring gratuity as a reward for service [101] NZNO submits that the retiring gratuity is a reward for loyal long service, noting: (a) the scale of maximum retiring gratuities; and (b) that a gratuity may be paid where an employee dies before he or she retires. [102] Mr Harriso...

3. IPT-Annual-Report 2022 -2023 [pdf, 416 KB]

   ...June 2015 30 June 2016 30 June 2017 30 June 2018 30 June 2019 30 June 2020 30 June 2021 30 June 2022 30 June 2023 Tribunal Average (days) 247 228 208 201 175 175 274 353 194 226 187 Residence 240 134 173 116 60 101 76 98 32 76 82 Deportation (Non-resident) 228 230 184 127 90 89 121 141 76 131 133 Refugee and Protection 329 248 215 159 137 98 142 162 79 173 142 Deportation (Resident) 425 425 361 500 574 481 604 856 951 85...

4. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...16 April, having informed BN he had been negligent by not advising her about the land covenant, AJ sent her complaint to YU who an hour later informed her the complaint was being “looke[d] into” and he would respond to her “shortly”. [101] The Easter holiday period commenced on Friday, 19 April 2019. [102] On the following Tuesday, 23 April, AJ asked (by email) BN to send her “the settlement statement for the balance” of the purchase price payable so she could pay th...

5. David Bain interim report of Hon Robert Fisher QC on compensation claim [pdf, 1.1 MB]

   ...Crown's suggestion that it was David who had called the family meeting is rejected because David "explained at length the arrangement made by Margaret and Arawa to collect Laniet from work and there is no reason to doubt his explanation.,,101 On the Crown's supposition that David was wearing a black skivvy over his T-shirt on the night of the murders, Binnie J says David "denies under oath wearing it".102 91 Binnie Report at[37] and (1 19]. '" Ibid at...

6. 2021-04-23 TAs - MOC - submissions [pdf, 323 KB]

   ...(c) In relation to the long term, either paragraph (b) applies the development infrastructure to support the development capacity is identified in the local authority’s infrastructure strategy (as required as part of its long-term plan)32 101. ‘Development infrastructure’ includes network infrastructure for water supply33. Analysis 102. The purpose of the NPSUD is to facilitate well-functioning urban environments. A theme that permeates the document is the need for int...

7. The Proprietors of Maraeroa C v NZ Forest Products Ltd (2007) 121 Waikato MB 258 (121 W 258) [pdf, 4.1 MB]

   ...when submitting its first statement on the substance of the dispute. NZFP has made the request at the first opportunity. However, before considering the arbitration clauses I must consider section 1O{l) of the Arbitration Act 1996. [52] Section 10(1) ofthe Arbitration Act 1996 provides: "Any dispute which the parties have agreed to submit to arbitration under an arbitration agreement may be determined by arbitration unless the arbitration agreement is contrary to public policy...

8. LCRO 39/2019 Yuri Lukas v BW and CV (29 November 2019) [pdf, 151 KB]

   ...further examples of conduct by Mr Lukas that cannot be allowed to pass unchallenged. [100] The allegations by Mr Lukas are threatening in nature, the implication being that a breach of the terms of engagement carries some sort of penalty. [101] Such conduct is completely at odds with a lawyer’s fundamental duty to care for and protect the client. [102] Mr Lukas’ threatening comments amounts to unsatisfactory conduct in terms of s 12(b) of the Lawyers and Conveyancers Act 2...

9. LCRO 87/2019 G OR v F HM (10 July 2020) [pdf, 259 KB]

   ...that approach, it is my view that if Dr OR were to succeed in her claim against Mr HM in such circumstances, that could impose upon a lawyer a professional duty or obligation beyond the meaning and interpretation of r 8.8 discussed earlier. [101] I make the observation that lawyers are bound by the broader duty to “promote and maintain proper standards of professionalism in the lawyer’s dealings”, and are 27 Q v Legal Complaints...

10. Smith v ACC [2010] NZACA 7 [pdf, 90 KB]

    ...case is that it demonstrates that there is a significant discretion to use documents other than tax returns. In the end, it was the evidence as a whole gathered from a variety of sources that Mr Blackwood used to assess relevant earnings. [101] The other case that is of some assistance here is Snowdon. In that case Mr Snowdon suffered a whiplash and lower back strain injury as a result of an earth moving vehicle tipping over. For reasons discussed in the judgment, it was not until...