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1. [2022] NZACC 8 – N v ACC (20 January 2022) [pdf, 303 KB]

   ...review applications appeared to apply to the same primary decision, and therefore the Corporation is entitled to treat the third review application as a duplicate or an update of the second review application which did not require any response. [101] Both the second and third applications state they relate to a decision of 15 August 2019. Further, both decisions also refer to the relevant claim number as being: …67. The Corporation sent two decision letters on 15 August 2019 to M...

2. VAN DER PASCH Willem Lambertus (CSU 2011 HAM 000424) [pdf, 215 KB]

   ...accountability for quad bike users. [99] MBIE have been proactive in developing programmes to reduce fatalities and injuries overall. [100] Evidence from ACC also showed they have been active in this area as part of their core business. [101] MBIE in 2011 introduced “The quad bike harm reduction project”. The project was targeted to challenge unsafe quad bike use on farms in NZ. [102] In my view it has been a successful project which has now become a building block...

3. [2019] NZEmpC 34 Emmerson v Northland District Health Board [pdf, 908 KB]

   ...do not behave in a consistent way; they may behave badly one day and correctly the next, or vice versa; in these circumstances, no reliable inference necessarily flows from either inappropriate, or, for that matter, appropriate, behaviour.10 [101] In light of these well established principles, I make the following observations regarding, first, Dr Emmerson’s evidence: 8 Faryna v Chorny [1952] 2 DLR 354 (BCCA), at [8]-[9]. 9 Ona...

4. Geldenhuys v C Yap [2013] NZIACDT 27 (12 April 2013) [pdf, 207 KB]

   ...a full service where she would be charged for the time engaged, or alternatively a “budget service” where she would pay a fixed fee and be allowed a set number of hours. [100] Ms Geldenhuys elected to proceed with the full service option. [101] Ms Yap said that “whilst the company has hourly rates these are not the sole method of calculating payments for the client”; she said that fees for particular services were capped. 13 [102] Ms Yap said that her “salary...

5. [2022] NZCAA 01 (28 February 2022) [pdf, 338 KB]

   ...operations; and, accordingly, not for the goods it imports; further [9.2] the payments are not the proceeds of sale returned to the parent company. Facts [10] In support of that analysis the Appellant relies on the following facts: General [10.1] The relationship between the Appellant and the parent company involved the latter supplying goods, intellectual property, and services. Intellectual property included business know-how, not only registerable interests such as trademark...

6. National Standards Committee v Shand [2019] NZLCDT 2 [pdf, 3.2 MB]

   ...his rights and remedies relating to his claim against EQC and IAG. [100] We therefore, for those reasons, find that Mr Shand’s conduct was unsatisfactory in respect of this issue. Issue 2 – Comments made to the media without permission [101] The Committee alleges a breach of r 8 and 8.1 which require that a lawyer has a duty to hold all information concerning a client, a retainer, and a client’s affairs in the course of that relationship in strict confidence. [102] This al...

7. [2018] NZEnvC 214 King v Heritage New Zealand Pouhere Taonga [pdf, 13 MB]

   ...EXTEHT or COHST1WCTlOH AREA FOR A1ITHOIUT'I' APPUCAnOH 5 HrntE CONSTfWC'I1Ott 8UF1ER IIOUHDAAY EXTENT Of STAGE 1 AND 2 ..... THWOIUCS STAGE 1 Sf ... , c::J ] AnA EXauoEO fROM AtITHOJlJTY APPUCAnOH ' :.o,v,\P0I0I'I101' Ioct H~ =:..~o::tsmDIM r """,llaI w _~_ ~I :O:UUTltoM'lOHCOItT raottCT: flETCHER UVING SPECIAL HOUSING AREA ORUARANGIROAD Sm CONSTRUCTION BUFFER AND AREA TO BE EXCLUDED FROM THE AUTHORnY APPUCATION...

8. [2019] NZEmpC 59 Kazemi v Rightway Ltd [pdf, 446 KB]

   ...RightWay more than 12 months ago, it would seem to follow that RightWay accepts that all the money is now due, even though, for reasons that are not clear, no monies have been paid to Ms Kazemi. No separate remedies for breach of contract [101] The alleged breaches of contract are of: (a) an incorporated term of good faith (derived from s 4 of the Employment Relations Act); (b) an implied term that RightWay would treat Ms Kazemi reasonably and fairly; and (c) an implie...

9. [2023] NZEmpC 20 Henry v South Waikato Achievement Trust [pdf, 385 KB]

   ...inappropriate investigation by questioning A about the alleged assault by C. An aspect of the allegation was that the time delay between the alleged assault and the interview was significant and that A was on the autistic spectrum. [101] The Trust did not explain what aspect of this complaint might give rise to a finding of serious misconduct. Nevertheless, in Mr Sinclair’s preliminary decision he considered that this allegation, along with the first and second ones, w...

10. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

    ...$15,000”. [100] Also, and importantly concerning this issue, Ms AB wanted a provision requiring both parties to “produce invoices (or other suitable source documentation) to substantiate all claims under the [settlement] agreement”. [101] On Monday 14 November 2016, Mr CD responded to the vendors’ counsel (by email at 8.39 am). Mr CD stated that having obtained Ms AB’s instructions “over the weekend”, there was “agreement in principle”. He stated that this was...