Search Results

1. Drozdzak v Accident Compensation Corporation (Work related gradual process) [2023] NZACC 157 [pdf, 442 KB]

   ...back pain. Associated with Hyster driving, and ? other causes ... As of 14/05/15, Tony to not drive Hyster 03 until the cab mounts are repaired, and full task rotation is in place during the shift day …” • 23 September 2015- Tony phoned to request copy of his physiotherapy notes, and stated the Hyster had been repaired, but as the machines age they develop a side-ways shake. He has been offered a position in Crew 3, line 3 where he will not be required to drive the Hyster at al...

2. MLC - 2014 June - Review of Te Ture Whenua Act 1993 [pdf, 191 KB]

   ...Review of Te Ture Whenua Act 1993 Introduction At the beginning of April this year the Associate Minister of Māori Affairs released the Review Panel’s report into Te Ture Whenua Māori Act 1993. The report makes broad recommendations for reform of the Act. Given the potential for the report to influence the development of Government policy in relation to the Act it deserves timely and robust scrutiny. Yet to date the report has not been the subject of any scrutiny of note in the p...

3. IAA v UKFE [2012] NZIACDT 30 (28 June 2012) [pdf, 130 KB]

   ...make a payment using a single cheque of $2,000, comprised of: [16.1] $150 paid to cover costs already incurred for an initial consultation. [16.2] $300 paid in advance from which fees payable to Immigration New Zealand will be drawn when a future application is lodged. [16.3] $1,550 paid in advance for future fees expected to be incurred by the adviser. [17] Both the Registrar and the Adviser accept a client may pay by a single cheque or bank transfer, without requiring separate paym...

4. [2024] NZREADT 44 - Lemalu v CAC 2205 & KE (8 November 2024) [pdf, 253 KB]

   ...time. [13] Settlement of the transaction was due to occur on 30 November 2021, but ultimately took place on 3 December 2021. [14] Following settlement, the purchaser’s solicitor advised the vendors’ solicitor the purchaser was making a claim for the gate and the shower glass. According to the vendors, their solicitor replied on 6 December 2021 stating that removal of the items was clearly discussed and mutually agreed.4 They did not form part of the sale. Complaint to ag...

5. [2012] NZEmpC 86 Lend Lease Infrastructure Services (NZ) Ltd v Recreational Services Ltd [pdf, 147 KB]

   ...affidavit evidence from a labourer-edger. [23] Mr Walker is a labourer, maintenance fixtures and has held that position for over 20 years. He says that he picks up litter as part of his role, including in parks and at the beach, and responds to requests to pick up bags of rubbish that have been dumped in reserves. Mr Walker is also involved in graffiti removal and waterblasting. He estimates that he spends approximately six hours per week on these tasks. Mr Harley also works as...

6. [2015] NZEmpC 202 Higgs v Monro Ltd [pdf, 161 KB]

   ...this was an assault. This could be regarded as serious misconduct. 2 This conclusion was not challenged. [8] Then the Authority considered whether Mr Higgs was unjustifiably suspended, as had been contended. The Authority determined that a request that Mr Higgs not attend work related to whether, even if there was an unjustified suspension, “there was no evidence of disadvantage that would result in a compensatory remedy.” 3 This conclusion was not challenged. [9] The...

7. FINAL-2021-Research-Memorandum-Witness-Familiarisation.pdf [pdf, 300 KB]

   ...by a member of the Bar I judge to have been well aware of the implications. She took pains to ensure that any witnesses who attended her courses knew of the possible consequences of collusion and she forbade it. No attempt was made to indulge in application of the facts of this case, or anything remotely resembling them. 20. The prosecutions in Momodou were for violent disorder arising from a notorious disturbance at an immigration centre in 2002. The centre was run by staff of a team...

8. Lomu v Tangilanu [2014] NZIACDT 95 (01 October 2014) [pdf, 183 KB]

   ...from a “worst case” perspective in order to determine whether any reductions can or should be made on this ground, namely that the result of imposing appropriate sanctions will make Ms Tangilanu insolvent and she will have to lodge a debtor’s application in bankruptcy. 1 R v Williams [1988] 1 NZLR 748 (CA); while this case deals with criminal sentencing, its principles are applicable as a guide in the context of professional discip...

9. Kingi v Summersby - Okere Falls Store (2003) 276 Rotorua MB 81 (276 ROT 81) [pdf, 1.6 MB]

   ...the lease would not be renewed by the landlords and that there was a dispute as to the tenant's right in relation to the building. There were meetings and there was correspondence. Mr Summersby's initial position appears to be that he claimed the right to remove the building, then there was a letter from his solicitor which at first blush appeared to resile from the proposition. It is clear however, notwithstanding what was said or not said, that there was no contract betw...

10. [2007] NZEmpC CC 19/07 Sefo v Sealord Shellfish Ltd [pdf, 37 KB]

    ...about the nature and scope of a hearing. [2] The plaintiff has elected to challenge parts of the determination of the Employment Relations Authority in this matter and pursuant to s179(4) is not seeking a de novo hearing. In her statement of claim, the plaintiff makes three principal allegations which I find are the issues in this challenge: 1. The Authority erred in law in finding that the suspension of the plaintiff was lawful. 2. The Authority erred in fact and law...