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1. [2022] NZEmpC 4 Chief of the New Zealand Defence Force v Darnley [pdf, 401 KB]

   ...upset and stress. [99] Accordingly, Ms Darnley has a sustainable grievance for unjustifiable disadvantage in relation to the 8 April 2019 letter. Compensation [100] Ms Darnley has not lost any earnings in relation to this disadvantage. [101] She gave evidence as to the effect on her of the plaintiff’s conduct. It is difficult to separate out the effects of this breach from those which resulted from the broader investigation and a disciplinary process. [102] In relation to...

2. Director of Proceedings v McMillan [2020] NZHRRT 18 [pdf, 379 KB]

   ...scores38 were 2 at 1 minute and 3 at 5 minutes. Third stage of labour and post-birth care 100. At 10.24 pm, the defendant administered Syntocinon39 to the aggrieved person. The placenta was delivered at 10.26 pm, with controlled cord traction. 101. At 10.48 pm, the aggrieved person was noted to be bleeding moderately to heavily, and that her uterus was firm and deviated to the right. 102. At 11.00 pm, the defendant administered 1 mg of paracetamol to the aggrieved person, for...

3. Regulatory Impact Statement Considering changing the New Zealand flag [pdf, 8 MB]

   ...NSOs. • The NZOC typically includes elements of the Flag (i.e. Southern Cross) in uniforms, along with the silver fern. • In media coverage of sports events, the Flag is used quite extensively to demark which country an athlete represents. 101. We do not have information on the number of souvenir manufacturers and retailers; businesses, sporting and cultural organisations; and community organisations and individuals who use the flag. Using the average price of a flag , it would co...

4. LCRO 205/2015 R and N FAMILY TRUST v EL (27 June 2019) [pdf, 314 KB]

   ...plans for development of the site, excluded the trustees from an obligation to submit to arbitration. 14 The Law of Torts in New Zealand, Todd (ed) (online edition, Thomson Reuters) at [5.1]. 18 [101] That issue, if contested, could only be determined by a court of competent jurisdiction, following the hearing of evidence. [102] This is not to abrogate either the responsibility or obligation of this Office to address competency co...

5. [2024] NZEmpC 213 Cronin-Lampe v Minister of Education Interlocutory (No 5) [pdf, 336 KB]

   ...As I understand it, there may be outstanding costs issues relating to the partial stay judgment of 7 March 2024,62 the costs judgment of 10 July 2024,63 and this judgment. My preliminary view is that these should be considered on a 2B basis. [101] Any claims for costs should, if needed, be discussed promptly between counsel in the first instance. If not agreed, an application should be made within seven days of the date of this judgment, with a response given within seven days the...

6. LCRO 103/2022 RP v DQ (25 September 2024) [pdf, 272 KB]

   ...– results achieved. 22 Costs [100] Where a finding of unsatisfactory conduct is made or upheld against a practitioner, it is usual for a costs order to be made against the practitioner in favour of the New Zealand Law Society.38 [101] Accordingly, and pursuant to s 210(3) of the Lawyers and Conveyancers Act, Ms RP is ordered to pay the sum of $1,600 to the New Zealand Law Society. Enforcement of costs order [102] Pursuant to s 215 of the Act, I confirm that the order...

7. [2024] NZREADT 32 – JX v CAC2201 & Baker (13 September 2024) [pdf, 265 KB]

   ...reply, “That’s right”, coupled with the use of “master” in the description of Mr T, implies not only that he was a master builder but that such a builder’s guarantee covered the work even after the purchaser bought the property. [101] We conclude that any reasonable person would have understood the licensee’s email to be saying Mr T was a master builder and the work came with a master builder’s guarantee of 10 years, which could be transferred to the purchaser. Th...

8. M v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 88 [pdf, 366 KB]

   ...[100] The evidence is M received ECT administered without anaesthetic or muscle relaxant as punishment, not only to his head but also to his genitals and legs. The description of this brutal process at the direction of Dr Leeks, is horrifying. [101] The Court finds the medical evidence from Dr Crim supported by the report of Dr Shaw and the review by Dr Faulkner, together with the evidence of M and the lay accounts filed in the appeal, provides strong evidential foundation to permit...

9. Rapana v Anderson - Te Kōmiti Matua o te Haahi Rātana (2024) 492 Aotea MB 95 (492 AOT 95) [pdf, 335 KB]

   ...“the meeting of the Apostles”. 6 The final report appears to comprise two parts. Part B, relating to the review of the Komiti Matua, is undated. Part A is dated 16 June 2018. 7 This translates to mean “Honorary Members”. 492 Aotea MB 101 (b) To increase the skills and capacity within the Komiti Matua, the review panel recommended that additional members should be added, representative of the different areas and parts of Te Haahi. [9] The review report was presente...

10. Hubert v Accident Compensation Corporation (Revocation of cover) [2024] NZACC 179 (12 November 2024) [pdf, 381 KB]

    ...Court directs the Corporation to undertake investigation of any periods of time in which Ms Hubert may be entitled to weekly compensation and to issue a fresh decision. 18 Rogers v Accident Compensation Corporation [2015] NZACC 324 at [17] [101] Ms Hubert is entitled to reasonable costs. In the event the parties cannot reach agreement on costs, then the parties are to file memoranda by 5 December 2024. Judge D L Henare District Court J...