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1. Rankin v Accident Compensation Corporation (Revocation of Cover Mental Injury) [2023] NZACC 96 [pdf, 389 KB]

   ...dehiscence and protrusions but without any nerve root compromise. I have reiterated to her again today that the mainstay of her treatment is core strengthening and to avoid further injuries to her lumbar spine, and discharged her back to the care of her GP. [25] On 27 April 2016, Mr Peter Welsh, Orthopaedic Surgeon, reported on his assessment of Ms Rankin: Ms Rankin incurred a severe sprain injury to her back in lifting spa pools at work on 13 April 2015. Continuing chronic pai...

2. Auckland Standards Committee 3 v Park [2023] NZLCDT 51 (20 November 2023) [pdf, 327 KB]

   ...for probate after the 22 June meeting20 but the application was again rejected by the Court. Mr Park renounced his interests under the will on 20 November 2020.21 17 Bundle at 496–497 email 27 April 2020 complainant to Mr Park. 18 Mr Park carefully lists 14 of these on page 22 of his submissions to the Standards Committee: Bundle at 390. A random example is her false allegation that Mr Park or his employer got commission on the reverse mortgage whereas all the remuneration they...

3. [2019] NZEmpC 187 Byrne v The New Zealand Transport Agency [pdf, 411 KB]

   ...2015. This did not resolve the relationship problem. [12] Mr Byrne became increasingly upset at the impact of work issues on Mrs Byrne; he considered she had reached a breaking point. He therefore rang Mr A to ask him what he was doing to protect Mrs Byrne. He also contacted Mr B and, according to his evidence, said he should stop harassing Mrs Byrne. Mr B considered that Mr Byrne became abusive and hung up. [13] It was at that point that Mrs Byrne told Mr A she int...

4. [2012] NZEmpC 110 de Bruin v Canterbury DH [pdf, 199 KB]

   ...Those changes to the Act were discussed and analysed by the full Court in Angus v Ports of Auckland Ltd 5 and this case requires a practical application of the principles enunciated there. Background [4] Mr de Bruin commenced his nursing career in 1969 and qualified as a registered psychiatric nurse in 1973. From 1975, he was employed by the Canterbury District Health Board (CDHB) or its predecessors. For many years, he worked at Templeton Hospital but, when that facility wa...

5. Federated Farmers of New Zealand.pdf [pdf, 449 KB]

   ...objectives, policies, methods, rules, definitions and schedules. 3. Federated Farmers supports sustainable management of resources and the use of regulatory and non-regulatory measures to maintain or enhance water quality, and to restore and protect the health and wellbeing of the Waikato and Waipā Rivers. However, Federated Farmers considers that the regulatory and non-regulatory methods proposed in PC1 do not appropriately give effect to the relevant higher order documents,...

6. ENV-2016-AKL-000208 Kohler v Auckland Council [pdf, 1.6 MB]

   ...for the particular reason that this road was a scheduled Conservation Area of historic housing in the Auckland Council District Plan (ACDP)- Isthmus Section operative 1999. All the houses within this defined Conservation Area were included for protection on the same terms. There were no "non-contributing sites"(NCSs) (c) The potential consequences to me ofthe Councils identification of numbers 6 and 31 Herne Bay Road as NCSs in combination with the special rules in Chapter D...

7. [2009] NZEmpC WC 17A/09 Idea Services Ltd v Dickson [pdf, 138 KB]

   ...legislation from its origins in the Factories Act 1901 through to the first general minimum wage statute passed in 1945. Mr Cleary submitted that, generally speaking, the development of the minimum wage legislation showed that its objective was to protect those employees not covered by national awards. He also submitted that from the very first legislation, the focus has been on the minimum rate of pay, rather than an absolute level of entitlement per unit of time worked or piece...

8. Ruapuha and Uekaha Hapu Trust v Tane - Hauturu East 8 Block [2010] 2010 Maori Appellate Court MB 512 (2010 APPEAL 512) [pdf, 226 KB]

   ...consequences for the future of the trust. If Mr Tane is correct the beneficiaries have fixed interests in the trust and its benefits, whereas if the trust is correct the beneficiaries are a discretionary class only. Determining who is correct requires a careful analysis of the background to the settlement and the Court’s orders. 1 134 Waikato MB 3 2010 Māori Appellate Court MB 515 Background Settlement of WAI 51 [6]...

9. [2008] NZEmpC AC 49/08 Clear v Waikato DHB [pdf, 109 KB]

   ...treated fairly throughout the investigation of her complaints? • Were the employers’ decisions on the complaints fair and reasonable in all the circumstances? 4 Sloggett v Taranaki Health Care Limited [1995] 1 ERNZ 553. • Did the employer advise Ms Clear of the outcome of its investigation? 4. Was the termination of Ms Clear’s employment for absence from work justified? [16] The evidence covered events which sp...

10. Discussion Document Review of the Courts Remote Participation Act 2010 [pdf, 487 KB]

    ...rights that have implications for the conduct of court proceedings. It informs the development of all legislation, including legislation governing court procedure. During court hearings, the judiciary are responsible for giving effect to the rights protected by the NZBORA, including: • section 23 – the right of a person who has been arrested to be brought as soon as possible before a court; • section 24 – the right to consult and instruct a lawyer; • section 25 – the rig...