Search Results

1. [2019] NZEmpC 144 CBA v ONM [pdf, 577 KB]

   ...of health, noting the medical practitioner, Dr Cowley, had indicated there were very significant wellbeing risks were Ms B to have contact with CBA at work. It was submitted that more time was needed to put appropriate interventions in place to protect her health. Ms Dyhrberg also told the Court that ONM envisaged a period of two months would be needed to obtain necessary medical support for Ms B, and to fully understand how it could meet its obligations to both her and ONM. [45...

2. [2024] NZACC 141 NF v ACC (Impairment Assessment, Independence Allowance) (21 August 2024) [pdf, 357 KB]

   ...is below the 10% minimum threshold for payment of an independence allowance. Orders Prohibiting Publication of Appellant’s Identifying Particulars [5] Counsel for NF applied for orders prohibiting publication of the appellant’s name to protect his privacy, given the sensitive nature of the facts in this case, including a history of abuse. That was not opposed by the Corporation. 1 Accident Compensation Corporation v Bartels [2006] NZAR 680 at [65]; Atapattu-Weerasinghe v A...

3. BORA Canterbury Earthquakes Insurance Tribunal Bill [pdf, 616 KB]

   ...Court are permitted with leave of the relevant court and on questions of law only (Clause 51(6)). 8. This engages the right to justice in s 27(2) of the Bill of Rights Act, which states: Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination. 9. This affirms the High Court�...

4. McClelland v Schindler Lifts NZ Ltd [2015] NZHRRT 45 [pdf, 157 KB]

   ...2014, some four weeks into his training, Mr McClelland was tested “on site” by his Team Leader for safe hoistway access. The test was completed satisfactorily. He was also found to be compliant with (inter alia) the need to wear and use personal protection equipment (PPE). The disability – actual or perceived [13] For some years Mr McClelland has experienced a slight shake or tremor in his hands, particularly the left hand. [14] His mother, Ms VJ Elliott, is a Registered Nur...

5. Faulkner v Deputy Registrar - Allotment 5 Parish of Tahawai [2010] 2010 Maori Appellate Court MB 643 (2010 APPEAL 643) [pdf, 252 KB]

   ...issues. First, did confiscation of the confiscated district extinguish customary title to Allotment 5? Second, if so, is Allotment 5 now Māori freehold land? Extinguishment of customary title [25] Mr Faulkner and Mr Rupe presented detailed and careful arguments to this Court. The written submissions alone filed with the lower Court and referred to during the appeal exceeded 100 pages while the Notice of Appeal was similarly comprehensive. That is unsurprising given Mr Faulkner...

6. [2022] NZEnvC 150 Hamilton Homezone Limited v Hamilton City Council [pdf, 26 MB]

   ...activity within the building from 7,259m2 to no more than 2,500m2 for a period of 10 years from the date consent is granted, with the balance area of floor space being able to be used for permitted activities in the Business 1 zone (e.g.: health care services; tertiary education and specialised activities; research and innovation activities; and food and beverage outlets); (b) inclusion of a condition addressing onsite parking management which requires Council approval of proposal...

7. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [pdf, 508 KB]

   ...the Judge described as “vulnerable to exploitation”. Although it involved principally the payment of an unlawful premium for employment, which is not a feature of this case, the Judge dealt with penalties including for breaches of the Wages Protection Act which is another of the minimum code statutes. At [32] the Judge set out what she described as a “non-exhaustive list of factors [that] may usefully be considered” in assessing a penalty, as follows: • the seriousnes...

8. Waitangi Tribunal - Wai 2200 A128 Scoping report [pdf, 3.3 MB]

   ...completely ignoring the presence of, and on- going exercise of rights by a number of Ngāti Raukawa rangatira and their followers. This is an important part of the traditional narrative told by Ngāti Raukawa: how peace had been made and Muaūpoko given protection under the mana of Te Whatanui, but as Angela Ballara has commented - ‘later his generosity was to cost Ngāti Raukawa dearly when claims came before the Native Land Court.’ 5 The other key grievance relates to the qu...

9. Final-Technical-Assessment-I-Contaminated-Land_Part1.pdf [pdf, 16 MB]

   ...properties along the proposed designations and, in particular, the indicative footprint of the new road where disturbance of soil will occur. 3. As required under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health Regulations (the "NESCS"), the PSI identifies potential Hazardous Substances and Industries List1 ("HAIL") sites where use or deposition of hazardous substances has or may have occurred historic...

10. Waitangi Tribunal theme C - Customary land tenure [pdf, 1.2 MB]

    ...extinguished through sale to the Crown. Maori title to the soil and the sovereignty of New Zealand had in fact already been given a qualified recognition in 1835 when the Colonial Office acknowledged the Declaration of Independence and assured Maori the protection of the British Crown, so far as was consistent with the rights of others. The problem facing the Crown from that time on was to establish just what constituted customary Maori tenure.1 Fifty years later the problem remained: ‘Maori...