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1. Broughton - Horowhenua 11B36 Sec 2L4A Kaiwiu Marae (2020) 424 Aotea MB 20 (424 AOT 20) [pdf, 260 KB]

   ...A20200010763 WĀHANGA Under Sections 67, 237 and 238 Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Horowhenua 11B36 Sec 2L4A – Kawiu Marae I WAENGA I A Between JAMES RANGI BROUGHTON Te Kaitono Applicant Nohoanga: Hearing 17 and 24 November 2020, 423 Aotea MB 262-285 (Heard at Whanganui and by Audio Visual Link) Kanohi kitea: Appearances James Broughton in person Deanna Rudd, Melarnie Tukapua, Marokopa M...

2. [2021] NZEmpC 175 FDE v UWV [pdf, 241 KB]

   ...[9] A further meeting took place the next day (11 June 2019). FDE confirmed that they would be leaving the company. FDE wanted the termination date to post-date their return from annual leave, and Mr Larsen was prepared to accommodate that request. Mr Larsen drafted a letter and gave it to FDE to consider overnight. 2 Refer statement of defence at [7]. 3 FDE said in cross-examination that they raised it; in re-examination they said that they really could not remember who ra...

3. Auckland Standards Committee 3 v Anderson [2022] NZLCDT 25 (22 July 2022) [pdf, 238 KB]

   ...AND CONVEYANCERS ACT 2006. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2022] NZLCDT 25 LCDT 011/21 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 3 Applicant AND SANDRINE (SANDI) ANDERSON Respondent CHAIR Ms D Clarkson MEMBERS OF TRIBUNAL Mr G McKenzie Ms M Noble Ms M Scholtens QC Prof D Scott HEARING 21 June 2022 HELD AT Auckland District Court DATE O...

4. Fraser v Accident Compensation Corporation (Personal Injury) [2023] NZACC 141 [pdf, 265 KB]

   ...Reviewer upheld the Corporation’s decision to decline cover and surgery funding. The Reviewer concluded that the medical evidence did not establish that Mr Fraser suffered a physical injury, requiring surgery, caused by the two accidents. The application for review was dismissed. [4] This is an appeal from the Review Decision. [5] The appeal is by way of re-hearing, which means that the District Court is required to undertake its own evaluation of the evidence and merits gener...

5. AR v ZE LCRO 83/2012 (2 April 2014) [pdf, 285 KB]

   LCRO 83/2012 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the ABC Standards Committee BETWEEN MR AR Applicant AND MS ZE and X Respondents DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr and Mrs AR (the ARs) instructed X (the firm), an incorporated law firm of which Ms ZE is...

6. [2009] NZEmpC AC 6A/09 Bay Milk Distributors Ltd v Jopson [pdf, 41 KB]

   ...[2] On 20 June 2008 the Authority determined that Mr Jopson had been dismissed unjustifiably and awarded him $2,500 as compensation under s123(1)(c) of the Employment Relations Act 2000 (“the Act”). [3] BMDL challenged that determination, claiming that the dismissal was genuinely for reasons of redundancy and had been carried out fairly. Mr Jopson brought a cross challenge saying that he ought to have been awarded compensation for lost remuneration and significantly...

7. [2013] NZEmpC 97 Transpacific Industries v Harris and Green [pdf, 238 KB]

   IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 97 ARC 96/11 IN THE MATTER OF an application for penalties and damages BETWEEN TRANSPACIFIC INDUSTRIES GROUP (NZ) LIMITED Plaintiff AND KAINE HARRIS First Defendant AND SMART ENVIRONMENTAL LIMITED Second Defendant ARC 37/12 IN THE MATTER OF an application for declarations, penalties and damages BETWEEN TRANSPACIFIC INDUSTRIES GROUP (NZ) LIMITED...

8. [2011] NZEmpC 55 Cerebos Greggs Ltd v Service & Food Workers’ Union Nga Ringa Tota [pdf, 112 KB]

   ...to three weeks’ paid annual holidays. At the same time, it provided for an increase to four weeks’ paid annual holidays to be effective from 1 April 2007. [2] Most employment agreements provide explicitly for annual holidays and other forms of paid leave for employees. In many cases, agreements which were in force both before and after the change in statutory entitlement to annual holidays which occurred in April 2007 did not clearly provide for the effect of that change o...

9. Davies v Trustees of Te Tii (Waitangi) B3 Ahu Whenua Trust - Te Tii (Waitangi) B3 Trust [2016] Māori Appellate Court 179 (2016 APPEAL 179) [pdf, 173 KB]

   ...were not represented by a lawyer before the Māori Appellate Court. The established principle is that a lay person is not paid for their time. 5 The legal sourcing, document preparation or representation sought by the appellant is not properly claimable. Furthermore we note that none of the documentation or the representation assisted the appellants in any way. 4 Samuels v Matauri X Incorporation – Matauri X Incorporation (...

10. [2022] NZACC 176 — Robin v ACC (12 September 2022) [pdf, 157 KB]

    ...AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: S Beacham for the appellant A Miller and R Mould for the respondent Judgment: 12 September 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for costs, Accident Compensation Act 2001] Introduction [1] In this matter, Mr Robin appealed against the decision of a Reviewer dated 29 July 2020. The Reviewer had dismissed an application for review of the Corporation’s decisi...