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1. [2021] NZACC 39 - Gupta v ACC (19 February 2021) [pdf, 215 KB]

   ...incapacity in 2019 and an injury suffered in an accident in December 2016. Background [2] On 13 December 2016, Ms Gupta attended Dr Amanjeet Toor, who recorded that she “pulled L lower back muscle while doing gardening 2/7 days ago”. In the claim form lodged by Ms Gupta on the same day, it was recorded that, on 11 December 2016, she “hurt lower back while doing gardening”. On 14 December 2016, the Corporation confirmed cover for a soft tissue injury. [3] Ms Gupta...

2. [2018] NZEmpC 46 Evans-Walsh v Southern District Health Board [pdf, 367 KB]

   ...disciplinary outcome that might arise if misconduct or serious misconduct was established. Any decision of that nature rested with one of the DHB’s nursing directors, Heather Casey. 1 The application for compliance was withdrawn during closing submissions. 2 Evans-Walsh v Southern District Health Board [2017] NZERA Christchurch 133. [9] Ms Rabbidge’s investigation was not completed until she provided a report on 10 Ju...

3. [2019] NZEmpC 145 A Labour Inspector v Parihar [pdf, 368 KB]

   ...LIQUOR HILLCREST [2019] NZEmpC 145 [16 October 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 145 EMPC 106/2018 EMPC 130/2018 IN THE MATTER OF an application for the exercise of powers under Part 9A of the Employment Relations Act 2000 AND IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN A LABOUR INSPECTOR Plaintiff...

4. [2011] NZEmpC 43 Hally Labels Ltd v Powell [pdf, 165 KB]

   ...December and that, while time was not expressly stated to be of the essence, it was implicit that the payment would be made either upon the plaintiff invoking the subclause, or before the end of the employment, which was 7 February 2011. The letter claimed that payment of the requisite consideration was an essential term, the failure to pay constituted a breach of the restraint clause which substantially reduced the benefit and increased the burden of the agreement for the defend...

5. Fenwick - Whakapoungakau 24 (2011) 45 Waiariki MB 252 (45 WAR 252) [pdf, 137 KB]

   ...45 Waiariki MB 252 (45 WAR 252) A20110012933 UNDER Sections 231, 239 and 244 Te Ture Whenua Maori Act 1993 IN THE MATTER OF Whakapoungakau 24 BETWEEN PIRIHIRA FENWICK, WIREMU KINGI, HIWINUI HEKE AND TAIWHANAKE ERU Applicants Hearing: 45 Waiariki MB 162-180, dated 20 December 2011 (Heard at Rotorua) Appearances: Mr D Dowthwaite, for the Trustees Mr G Kingi, for Jillian Naera & Ors Mr C Bidois, for Ruihi Bidois Judgment: 23 December...

6. Case study on forestry - Recommendations Recap issue 4 [pdf, 316 KB]

   ...the Coroners Act 2006. Similarly, the contents of summaries and recommendations may be edited to comply with any orders made under section 74 of the Act. Coronial Services of New Zealand Purongo O te Ao Kakarauri justice.govt.nz/coroners To request a copy of any full findings of cases contained in this edition, please contact our National Office. National Office coronial.information@justice.govt.nz + 64 4 918 8320 Wellington District Court Level 5 | 43–49 Ballance Street...

7. [2021] NZREADT 18 - Brady (28 April 2021) [pdf, 338 KB]

   ...which Mr Brady is the sole director and a 50 percent shareholder, pursuant to which Marmitmor became the purchaser of the property. Marmitmor’s purchase of the property was settled on 4 April 2018. [f] Mr Brady did not obtain the vendors’ informed consent in the prescribed form for Marmitmor to become the purchaser of the property, as is required by s 134 of the Act, and did not provide the vendors with an independent valuation of the property, as is required by s 135 of the...

8. [2008] NZEmpC CC 8/08 Butcher V OCS Ltd [pdf, 80 KB]

   ...operated by our customers. It is expected that our employees will observe such rules as if they are included herein. A. DISCIPLINARY PROCEDURES Disciplinary action is a corrective action process and should not be seen as punishment. The normal forms of disciplinary action taken within the company for poor performance and misconduct are: • Counselling (informal) • Verbal Warning • First Written Warning • Final Written Warning • Dismissal Where mi...

9. Henric Eden v Complaints Assessment Committee 413, Dean Abraham & Angela Sanson [2017] NZREADT 53 [pdf, 159 KB]

   ...Eden Zhou about their knowledge of past leaks and issues with the roof prior to the settlement, and the conversation that occurred on 10 April 2015 between Ms Eden Zhou, Mr Abraham and Ms Sanson. [11] Just prior to the hearing, Mr Eden also made a request under Principle 6 of the Privacy Act 1993 for information to be disclosed to him relating to the insurance that the previous tenants or owners had had on the property. The Tribunal dealt with this matter at the commencement of the...

10. Wai-3300-A002-Tomokia-ngā-tatau-o-Matangireia.pdf [pdf, 2.5 MB]

    ...Pou Tikanga and Pou Ture with the task of proposing a tikanga- centred framework within which the Tribunal might conduct the Constitutional Kaupapa Inquiry, Wai 3300, and a process through which the possibilities for constitutional change and related claims might be considered, and through which other kaupapa inquiries might be conducted in the future. The framework we propose is built upon the construct of the wharenui. In this instant the house or whare, we endeavour to fashion can be vie...