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1. [2024] NZSSAA 05 (23 April 2024) [pdf, 187 KB]

   ...and morality, which transcends the law. 20. It is also submitted that the contract principle of force majeure, which removes liability when unforeseeable and unavoidable catastrophes, such as war, interrupt the expected course of events, is applicable. 21. XXXX requests that the direct deduction of her Russian pension is suspended while payment of her Russian pension is suspended. 22. XXXX’s submissions express her willingness to refund the New Zealand Government any Russi...

2. [2016] NZSSAA 020 (31 March 2016) [pdf, 71 KB]

   ...Needs Grants were established taking into account the combined income of the appellant and her husband. 3 Background [3] The appellant and her husband (Mr XXXX) were married on 18 October 2003. On 5 February 2007 the appellant made an application for Domestic Purposes Benefit stating that she and her husband had separated. The appellant had given birth to their son Rohan on 16 October 2006 and was on maternity leave at the time of her application. She was due to return to...

3. [2019] NZEmpC 101 GD (Tauranga) Ltd v Price [pdf, 283 KB]

   ...than that resolved for the employees in this case.2 Pleadings [4] It is helpful to set out the relief and remedies which the plaintiff GD (Tauranga) Limited (GD Tauranga) seeks in this matter. These are set out in the amended statement of claim as follows: 20. The plaintiff seeks determinations that for the purposes of calculating payments to each of the defendants pursuant to sections 49, 50, 60 and 71 of the Act for each day of Other Leave that is taken by them under t...

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

   ...was summarily dismissed. [2] Mr de Bruin pursued a personal grievance that his dismissal was unjustifiable and sought reinstatement. The Employment Relations Authority concluded that Mr de Bruin’s dismissal was justifiable and rejected his claim 1 . Mr de Bruin challenged the whole of that determination and the matter proceeded before me in a hearing de novo. Reinstatement remains the principal remedy sought. 1 [2011] NZERA C...

5. Pouwhare v Auld - Oparau No 1 Block and Pirongia West 12B3D (2015) 95 Waikato Maniapoto MB 167 (95 WMN 167) [pdf, 270 KB]

   ...1993 IN THE MATTER OF OPARAU NO 1 BLOCK and PIRONGIA WEST 12B3D BLOCK BETWEEN JOHN TUKOTAHI POUWHARE, ALBERT MANAAKI KEWENE, STEVEN McFALL, TAME WHITIORA and CATHERINE TE MIRINGA HOLLAND trustees of OPARAU No. 1 Block Applicants AND CHRISTINE AULD Respondent Hearings: 15 September 2003 (105 Waikato MB 303-313) heard at Hamilton 30 October 2003 (105 Waikato MB 315-416) heard at Hamilton 5 November 2004 (109 Waikato MB 300-334) Reserved D...

6. [2022] NZACC 19 - McBryde v ACC (9 February 2022) [pdf, 453 KB]

   ...contemporary notes confirm Mr McBryde reported significant ongoing pain in both thoracic and lumbar regions. [5] In or around April 1994, Mr McBryde made a return to work and was certified as partially incapacitated. [6] In May 1994, an additional claim was filed for a fracture of the L1 vertebra. The claim for cover indicated that Mr McBryde had significant pain, and a referral to Mr Howie, orthopaedic surgeon, had been made. Cover was accepted for that injury. [7] Mr Ho...

7. [2022] NZEmpC 223 FGH v RST [pdf, 688 KB]

   ...is a debate between the parties as to whether Ms C stated that given the medical context, RST would not investigate the incident at all, or whether any investigation would be deferred pending the receipt of the medical information which had been requested. [26] In summary to this point, Ms C had left open the possibility of treating the circumstances which had arisen as a “medical management” issue. This was, however, contingent on the provision of medical information, as req...

8. Faulkner v Hoete - Motiti North C No 1 [2018] Māori Appellate Court MB 17 (2018 APPEAL 17) [pdf, 291 KB]

   ...approximately 750 metres in length and 200 metres wide. There is no administration structure in place. It has 83 owners, including the appellant and the respondents, who hold unequal shares as tenants in common. [5] In December 2008, an airstrip was formed by the respondents over part of the block. The airstrip remained in use until late March 2016 when the appellant started building a small house in the middle of the airstrip. [6] On 8 April 2016, an interim injunction was gra...

9. LCRO 8/2020 PA v ZN (21 December 2022) [pdf, 306 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2022] NZLCRO 156 Ref: LCRO 8/2020 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN PA Applicant AND ZN Respondent DECISION The names and identifying details of the parties in this decision have been anonymised Introduction [1] Mr PA has...

10. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 370 KB]

    ...rise to prima facie issues in relation to sections 19 and 21 of the Bill of Rights Act, the Bill appears to achieve overall consistency with that Act. 2. Our original advice did not discuss the proposed framework limiting access to registered information as we considered that section 14 of the Bill of Rights Act (freedom of expression) was not engaged by the restrictions imposed by the Bill. However, given the recent concerns that have been raised about the proposal, we consider it appro...