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1. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 18 (8 May 2023) [pdf, 177 KB]

   ...recorded, we are astonished that a lawyer, visiting a client in prison, would see it as acceptable to even note such a proposition. Mr O’Connor says he did not take any funds in reliance on 6 Submissions 26 April 2022, Bundle 61 at [4]. 7 Bundle 101. The file note also directed Mr O’Connor to pay, through Mr Coles’ online banking, a sum of $7560 to Public Trust (relating to his father’s estate) and to “Rose for dog care…”. 6 that note. Nonetheless, we find M...

2. [2021] NZACC 191 - Smith v ACC (1 December 2021) [pdf, 201 KB]

   ...appellant simply says in his affidavit that there was an injury on 10 September 2010 when he stumbled whilst performing weighted squats but that the injury the focus of this appeal occurred on 6 December 2010 when he fell off a wobble board. [101] The appellant at the time, unlike many, appears to have had an ongoing close relationship with his GP and indeed with his physiotherapist. [102] However, the appellant did not see his GP immediately after an incident on 6 Decem...

3. [2021] NZEnvC 168 Director-General of Conservation v Thames-Coromandel District Council [pdf, 454 KB]

   ...advances in the science on the evidence before us at this stage. For clarity, we set out our key findings from the earlier decision. They are to be found late in that decision under headings “The Core Issue” and “Assessment”. In paragraph [101] we recorded a strong statement by a plant pathologist called by the Director-General. Dr I Horner: The long-term survival of kauri forest depends on preventing the spread of kauri dieback into these “clean” areas of forest. If...

4. [2020] NZEmpC 167 Noble v Ballooning Canterbury.com Ltd [pdf, 287 KB]

   ...for costs judgment, above n 12, at [43]. [35] A detailed assessment of scale costs was provided. Under Category 2, the range was from $45,540 (Band B) to $67,540 (Band C). On a Category 3 basis, the range was from $68,310 (Band B) to $101,310 (Band C). [36] No submissions were filed in response by Mr Noble, Mr Towner confirming that his lawyers had not received instructions from him to do so. Analysis [37] The Court’s jurisdiction to order costs arises under cl 19...

5. Foketi v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 86 [pdf, 293 KB]

   ...find that it is not competent for the court to alter the taxation status of a person from being that of an employee on wages to that of a self-employed person when that particular status has been determined by the Inland Revenue Department. [101] Once again, this decision does not assist ACC’s position. The appellant’s status has not been determined by the Inland Revenue Department. [102] Accordingly, therefore, I find that the appellant was an employee at all material times,...

6. Smith v ACC [2010] NZACA 6 [pdf, 192 KB]

   ...primary decision was issued in January 1993 (during the operation of the 1992 Act), the review and appeal provisions under the 1982 Act operate as it is a decision issued under the 1982 Act - refer to s.152 of the 1982 Act. [80] Pursuant to s.101(2) of the 1982 Act, a claimant was required to lodge an application for review within one month after receiving a decision from the Corporation. [81] The Reviewer has a discretion to accept a late review. In McDougal v Accident...

7. Justice Sector Fines & Remittals forecast 2014 to 2019 data and graphs [xlsx, 126 KB]

   ...Impositions 37408 37438 37469 37500 37530 37561 37591 37622 37653 37681 37712 37742 37773 37803 37834 37865 37895 37926 37956 37987 38018 38047 38078 38108 38139 38169 38200 38231 38261 38292 38322 38353 38384 38412 38443 38473 38504 38534 38565 38596 38626 38657 38687 38718 38749 38777 38808 38838 38869 38899 38930 38961 38991 39022 39052 39083 39114 39142 39173 39203 39234 39264 39295 39326 39356 39387 39417 39448 39479 39508 39539 39569 39600 39630 39661 39692 39722 39753 39783 39814 39845 3...

8. [2016] NZEmpC 151 Carr, Labour Inspector v Sharma [pdf, 204 KB]

   ...B Saunders Words and Phrases legally defined (3rd ed, Butterworths, London, 1988) vol 1 at 380. smuggling have not been deemed criminal proceedings, but rather in the nature of civil proceedings.’ A-G v Radloff (1854) 10 Exch 84 at 101,102, per Platt B [The judges differed in this case, the Court being equally divided. Platt B’s judgment was, however, confirmed in A-G v Bradlaugh (1885) 14 QBD 667.] ‘Wherever a party aggrieved is suing for a penalty, where the p...

9. Directory of Official Information P-R [pdf, 971 KB]

   ...Reserve Bank of New Zealand ............................................................................................ 94 Retirement Commissioner ................................................................................................. 101 Rotorua Regional Airport Limited ..................................................................................... 103 3 The Pacific Islands Polynesian Education Foundation Board Governing statutes The Pacific Islands...

10. [2017] NZEmpC 128 ALA v ITE [pdf, 242 KB]

    ...order which I made on 1 September 2017. Also relevant is the provision which provides jurisdiction for the making of non-publication orders which were made on both 12 ALA v ITE, above n 7, at [101]. 13 At [132]. 14 That is, those made on 26 August, 3 September, 18 September and 9 October 2017. 15 I considered and rejected a similar submission in my judgment of 12 April 2017, ALA v ITE, above n 7, at [46]. occasi...