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...nature of the work, the risk of suffering personal injury is significantly greater for a person in the appellant’s cohort who performs the employment task than for persons who do not perform it. [107] Accordingly, the appeal is allowed. [108] Costs are reserved. CJ McGuire District Court Judge Solicitors: Mr P Sara, Barrister & Solicitor, Dunedin Mr S Winter, ACCE, Christchurch
...the Authority did not err in failing to take into account post termination earnings when assessing the “lesser of” three months’ lost remuneration and the amount lost as a result of the grievance. [56] The parties are encouraged to agree costs. If that does not prove possible I will receive memoranda. Christina Inglis Chief Judge Judgment signed at 9.20 am on 2 August 2022 27 Compare Wallace Corp, above n 11. The facts
...present shoulder condition. [100] Accordingly, the appeal is allowed and the decision of WorkAON of 30 May 2016 suspending entitlements in respect of the appellant’s shoulder condition is reversed. [101] Should there be any issue as to costs, counsel have leave to file memoranda in respect thereof. Judge C J McGuire District Court Judge Solicitors: McBride, Davenport, James, Wellington for the respondent
...expressly provides for integrated management.30 With that in mind: 39 .1 The proposal will have an impact on fishing and fisheries management in the Bay of Plenty, these impacts go to the effectiveness and efficiency of the proposal and potential costs. 39 .2 A marine spatial mechanism should involve all key stakeholders and ensure flow on implications to fishing, cultural values and biodiversity values are considered. There are other options that currently exist in 28 Section 6...
...is supported by sufficient evidence both at the time it was made and in the period since. Conclusion [63] For the above reasons, the appeal is allowed, and the review decision of 10 April 2018 is set aside. [64] I make no order as to costs. 22 Suppression [65] I consider it is necessary and appropriate to protect the privacy of the appellant. This order, made under s 160(1) of the Accident Compensation Act 2001, forbids publication of the name, address, occupatio...
...continued eligibility for weekly compensation, thus suspending his continued entitlement to weekly compensation. [50] The decision of the Reviewer dated 21 June 2022 is therefore upheld. This appeal is dismissed. [51] I make no order as to costs. P R Spiller District Court Judge Solicitors for the Appellant: Laura Findlater Law. Solicitors for the Respondent: Morrison Mallett.
...reinstatement was not made out and it follows that the challenge to the Authority’s determination must succeed. The order reinstating Mr Hickey to his former position at NZQA is set aside. The stay ordered on 31 March 2022 is also set aside. [109] Costs are reserved. If they cannot be agreed, memoranda may be filed requesting an exchange of submissions. KG Smith Judge Judgment signed at 3 pm on 10 May 2022
...had reasonable grounds for making the allegation of misconduct. The Committee found that Ms KE breached rule 13.8 of the RCCC. [30] The Committee concluded that Mrs KE’s conduct contravened r 13.8. She was ordered to pay a fine of $500 and costs of $1,000. Application for review [31] Mrs KE’s application for review, in which she sets out her detailed grounds, is dated 28 October 2016. The review grounds are addressed in the discussion that follows. Mrs KE asks this Office...
...explained above, which are basically the same as the conclusions reached by the Authority in its well-structured determination, Mr Thorne's dismissal was justifiable. He, therefore, fails in his challenge. [68] The defendant is entitled to costs. If they cannot be agreed Mr Chemis is to file submissions within 28 days and Mr McKenzie is to have a like period of time in which to file submissions in response. A D Ford Judge Judgment signed at 3.30 pm on 16 April...
...do not consider that Mr Houpapa or his whānau would suffer hardship by reason of not obtaining the proposed access to the land. 44 Waikato Maniapoto MB 188 Decision [79] For the reasons given above the application is dismissed. Costs are reserved. Pronounced in open Court at 2.30 pm in Hamilton on the 24th day of August 2012. S Te A Milroy JUDGE Background Farming on Taharoa A Section 6D No 2 Applicant’s evidence Access by boat Foresho...