Search Results

1. [2023] NZEmpC 105 Pilgrim & Ors v Attorney-General & Ors [pdf, 596 KB]

   ...relationship, not what it thinks the relationship ought to be. I agree with Mr Skelton’s summary of the Court’s role and the core nature of the inquiry; I do not however agree with his submission that a finding of employment status would reflect a misapplication of the law, for reasons which will become apparent. The plaintiffs [31] Serenity Pilgrim was born into the Community in 2002. She started work at around seven to eight years of age helping in the dining room and th...

2. CAC20005 v Sengupta [2015] NZREADT 81 [pdf, 269 KB]

   ...was always Mr Sengupta’s intention to copy material and use it for his own business. He submitted that Mr Sengupta’s reasons for doing this were that he needed it for working from home or took the information to protect himself from a potential claim from Buy West. He submitted that Mr Sengupta’s explanation that he needed the documents in case Buy West withheld commission payments was “inconsistent and unconvincing”. Instead the Committee submitted that the overwhelming infer...

3. [2021] NZREADT 15 - Feng (12 April 2021) [pdf, 282 KB]

   ...did indeed receive some copies of the material the Licensees say they provided, and that therefore he was, or at least had the opportunity to be aware of the decision made by the body corporate in 2013 and 2014 regarding the additional car parks forming part of the common property and the basis on which they would be made available to unit owners. [12] Nonetheless, the Committee was of the view that the provision of this additional material did not exonerate the licensees. They said...

4. Evidence Brief: Alcohol Ignition Interlocks [pdf, 324 KB]

   ...no long term effects for reducing recidivism.”ii This finding was based on one randomised controlled trial and 10 controlled trials. The randomised controlled trial covered in the Cochrane Library review studied alcohol offenders who had requested and been granted licence reinstatement. The offenders were randomly assigned to interlock and control groups; 17 out of 698 in the interlock group reoffended, while 46 out of 689 in the control group reoffended. That is, being...

5. Regulatory Impact Statement Judicature Modernisation Bill Review of the Judicature Act 1908 Second Paper [pdf, 166 KB]

   ...Judicature Act 1908 – Second Paper  Agency Disclosure Statement  1. This  Regulatory  Impact  Statement  (RIS)  has  been  prepared  by  the Ministry  of  Justice.    It  provides an analysis of the second package of work forming the government response to the  Law Commission  report Review of  the  Judicature Act 1908: Towards a consolidated Courts  Act and other associated matters.  2. We  are  time  constrained  due  to  the...

6. Pickering v Accident Compensation Corporation (Personal Injury) [2024] NZACC 209 (17 December 2024) [pdf, 192 KB]

   ...at: Tauranga/Tauranga Moana District Court Appearances: I Pickering for the Appellant B Johns for the Accident Compensation Corporation (“the Corporation”) Judgment: 17 December 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 20, 25, 26, Accident Compensation Act 2001 (“the Act”)] Introduction [1] These are appeals from the following decisions of Reviewers: (a) ACAR 138/22: on 14 July 2022, the Reviewer dismissed the review...

7. VUW v Accident Compensation Corporation & QRS (Jurisdiction Objection) [2014] NZHRRT 26 [pdf, 49 KB]

   ...personal information of a highly sensitive and confidential nature about her was stolen from the second defendant at a time when the second defendant had possession of the file for the purpose of an interview with the plaintiff in connection with her ACC claim. It is said that both defendants were in breach of the Health Information Privacy Code 1994, Rule 5 which sets out obligations relating to the storage and security of health information. The Privacy Commissioner concluded there wa...

8. [2015] NZSSAA 041 (1 July 2015) [pdf, 35 KB]

   ...paid a benefit at the sole parent rate.1 [5] The appellant now seeks to further challenge Ms XXXX’s entitlement to benefit by alleging that Ms XXXX was in a de facto relationship at the time she was receiving Domestic Purposes Benefit. He claims she therefore had no entitlement to benefit and on that basis he was entitled to be granted a benefit that included XXXX. Decision [6] We note at the outset that simply being in a de facto relationship would not necessarily have mea...

9. Tihi v Nuku - Ruatoki B Sections Aggregated Ruatoki C Sections Aggregated (2020) 238 Waiariki MB 127 (238 WAR 127) [pdf, 272 KB]

   ...Act 1993 MŌ TE TAKE In the matter of Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38 and 79 and Ruatoki C Sections 11, 12, 15, 17, 18B2, 21, 22B, 23 (Aggregated) I WAENGA I A Between SAMANTHA TIHI Te Kaitono Applicant ME And TE PIKA NUKU AND HINEHOU TIMUTIMU AS EXECUTORS OF THE ESTATE OF HARE NUKU RATANA Ngā kaiurupare Respondents Nohoanga: Hearing 20 July 2020, 237 Waiariki MB 35-46 (Heard at Whakatāne) Whakata...

10. Te Whata v Paku - Akura Lands Trust [2011] Māori Appellate Court MB 55 (2011 APPEAL 55) [pdf, 133 KB]

    ...an order of Judge Coxhead dated 26 October 2010 removing the trustees of the Akura Lands Trust (―the Trust‖). [2] We heard the appeal on 10 February 2011. At the conclusion of the hearing we varied Judge Coxhead’s order and referred the application back to the lower Court to address the question of the appointment of replacement trustees with our reasons to follow. We now set out our reasons. Background [3] On 6 October 2003 Deputy Chief Judge Isaac (as he then was) made o...