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1. [2017] NZEmpC 157 Johnston v The Fletcher Construction Co Ltd [pdf, 375 KB]

   ...(NZ) Assoc Inc, above n 2, at [47]; Hall v Westpac New Zealand Ltd [2013] NZEmpC 66 at [11]. 11 Owen v Chief Executive of the Department of Corrections [2014] NZEmpC 215 at [15] (emphasis added). See too Sheath v The Selwyn Foundation and Selwyn Care Ltd [2015] NZEmpC 226 at [16] (in relation to applications for leave to remove under s 178(2)), citing the observations to this effect in Carter Holt Harvey Ltd, above n 10, with approval. 12 Employment Relations Act 2000, s 157(1)....

2. [2018] NZEmpC 67 Wendco (NZ) Ltd v Unite Inc [pdf, 322 KB]

   ...step appears to have been taken with due deliberation, yet there is no indication there or elsewhere that s 99(3) would be limited as is now contended for by Unite. [46] Turning to purpose, as already indicated, Mr Cranney submitted that the protection from tort proceedings in respect of picketing where there was a legal strike, was an aspect of the statutory immunity which was enacted for legal strikes and lockouts. [47] He said that any issues that arose with picketing where th...

3. Singh v Ryan - [2019] NZIACDT 76 (8 November 2019) [pdf, 293 KB]

   ...Kerr on 18 May 2015. It was stated that BC International had been set up in the United Kingdom in 1998 and New Zealand in 2006. The United Kingdom website address was given. [27] On 22 February 2016, Immigration New Zealand wrote to Mr Singh (care of Mr Ryan) advising that his residence application had been accepted for processing. Some general information was set out in the letter. [28] On 13 April 2016, the immigration officer sent an email to “Peter” at BC International...

4. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 163 Aotea MB 99 (163 AOT 99) [pdf, 1.4 MB]

   ...appear on the face of the evidence before the Court that no approval has ever been sought or given for such payments. The hearing is also for the purpose of dealing with the remaining issues of the review and any further submissions any party may care to make on the interim injunction ... " In addition, 1 invite those trustees who may be affected to give consideration as to whether or not their continuing role as employees, consultants and advisors in a paid capacity might give rise...

5. [2008] NZEmpC WC 21/08 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 68 KB]

   ...then ACC, has left Mr Mitchell feeling completely disempowered and without dignity. He has developed PTSD symptoms. His condition is exacerbated by his financial situation. He often misses meals to feed his children and overlooks other health care. … [51] In July 2004 at ACC’s request he was seen by another psychologist, Dr Ridding, to assess the appropriateness of psychological counselling. Dr Ridding recorded that Mr Mitchell believed his employers were actively unfair an...

6. Mitchell v Trustees of Pukeroa Oruwhata Trust - Pukeroa Oruawhata Trust (2003) 277 Rotorua MB 285 (277 ROT 285) [pdf, 1.2 MB]

   ...exposed them to potential liability and given the nature and scale of the venture they administer it was proper that appropriate recompense now be paid; (b) the Trust was performing well, due in no small part to the expertise of the Trustees. Their careful stewardship was now reaping real rewards for the beneficial owners including a tax paid distribution of $75,000 - clearly in excess of the fees increase now sought. Consequently, the Trust was now in a position to afford to pay the le...

7. Anderson v Lowe - Succession to Moera Anderson [2021] Chief Judge's MB 728 (2021 CJ 728) [pdf, 499 KB]

   ...115 recognising David Lowe as a whāngai of the deceased entitled to succeed. Rather the law as it was prior to 1993 applied. The Māori Affairs Act 1953 and its various amendments did not recognise a relationship between a whāngai and their care givers before 1993. Thus, a whāngai could not succeed to Māori land.13 [32] In addition, the Court had no jurisdiction to make the orders under ss 113 and 165 determining the persons entitled to succeed to the estate of the deceased a...

8. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

   ...Commission. In reference to the train’s braking system, the article stated: Investigator Tim Burfoot said its tests had showed the brakes had the correct air pressure and were responding to the driver's inputs correctly. The wheel-slide protection control valves were also working fine, he said. But because the brakes were so badly damaged, investigators had not been able to perform a full performance test and could not rule out malfunction. [5] The Dominion Post article r...

9. [2019] NZEmpC 67 Hokotehi Maori Trust v Prater [pdf, 379 KB]

   ...by Dr Daniels who had considered the medical records, and other evidence. Mr Prater was able to undertake tasks that required adherence to detail, meet a deadline in the case of the application for Board membership, and perform tasks requiring care and attention such as driving trucks, building work and servicing vehicles. f) Dr Maxwell had not examined Mr Prater but had reviewed his medical and counselling notes. His evidence was entirely speculative in nature, as he had conce...

10. BN v Accident Compensation Corporation (Personal Injury) [2025] NZACC 10 (21 January 2025) [pdf, 352 KB]

    ...upright birthing position, but would not be available for the same birth injuries, where these had occurred in a reclined position. [48] Turning to the second point, the appellant relies on the opinions of Dr Walker and Professor Nielsen. Upon careful review, the Court finds their opinions do not support a causal link between gravity and the perineal tear. While Dr Walker and Professor Nielsen suggest that gravity, due to the upright birth position, contributed to the appellant...