Search Results

1. [2014] NZEmpC 92 H v A Ltd [pdf, 263 KB]

   ...investigatory procedures and meetings should generally proceed uninterrupted by challenges. It would undermine the evident purposes of s 179(5) and the Act more generally to allow or encourage challenges at a pre- determination stage, thereby increasing costs, reliance on legalities and technicalities, and generating delays. [18] Parliament’s intention in limiting the powers of the Employment Court in relation to the proceedings of the Authority is reflected in the Explanatory N...

2. 2021-11-03 ORC - Legal submissions - PC8 - primary sector hearing [pdf, 288 KB]

   ...the objectives by:82 (a) Identifying other reasonably practicable options for achieving the objective; (b) Assessing the efficiency and effectiveness of the provisions in achieving the objective, which must:83 (i) Identify the benefits and costs of the effects that are anticipated from implementing the provisions (and quantifying these where practicable), including opportunities to be provided or reduced) for economic growth and employment; and (ii) Assess the risk of acti...

3. Hodgson v Accident Compensation Corporation (Work-Related Personal Injury) [2024] NZACC 40 [pdf, 326 KB]

   ...December 2021 that she did not sustain a physical injury as a result of the 10 days working at AFFCO is reversed. That means that she has cover for this work related personal injury. [100] It is noted that the appellant is legal aided. [101] Costs are reserved. CJ McGuire District Court Judge Solicitors: Armstrong Thompson, Wellington Braun Bond & Lomas Limited, Hamilton Izard Weston, Lawyers, Wellington Background Appellant’s Submissions Re...

4. Toa'fa v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 116 [pdf, 306 KB]

   ...30 August 2021 is set aside. The Court directs that WellNZ will, as soon as possible, confirm with Mr Toa’fa that cover is granted to him and proceed to determine any entitlements that flow from this cover. [65] Mr Toa’fa is entitled to costs. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors for the Appellant: Armstrong Thompson.

5. 2017 to 2022 Ministry of Justice statement of intent [pdf, 1.4 MB]

   ...are held to account. with increased trust in the justice system We’re strengthening the public’s trust in the justice system by ensuring processes are open, transparent and impartial, and providing services that are responsive, accessible, and cost- effective. Most importantly, we treat people fairly and with respect. We know that people who come through the justice system or who use our services are often at their most vulnerable. We aim to help them by making sure they spend as littl...

6. [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [pdf, 435 KB]

   ...provisions of s 114(6). Disposition [100] Because the Court does not have the ability to extend time under s 114(6) of the Act, the preliminary question must be resolved against the employee. The challenge is accordingly allowed. [101] We reserve costs, which should follow the event. On a provisional basis, we fix these on a Category 2, Band B basis. If counsel are unable to agree the amount involved, a memorandum should be filed and served within 21 days; any response shoul...

7. [2021] NZACC 33 - McSherry v ACC (10 February 2021) [pdf, 241 KB]

   ...the times they were lodged and afterwards, they have received appropriate attention from ACC. Accordingly, his claim for deemed cover (Appeal ACR 235/19) must be declined, and that appeal is therefore dismissed. [150] There is no issue as to costs. Judge C J McGuire District Court Judge Solicitors: Young Hunter, Christchurch for the respondent

8. [2010] NZEmpC 80 Willis v Fonterra Cooperative Group Ltd [pdf, 84 KB]

   ...contributory conduct should deprive him of any compensation under s123(1)(c)(i) of the Act. Even though he suffered humiliation, loss of dignity and injury to feeling he largely brought these upon himself by his conduct. [91] At the request of counsel costs are reserved. If they cannot be agreed, a first memorandum is to be filed and served within 30 days of the date of this judgment with 30 days to respond. B S Travis Judge Judgment signed at...

9. [2014] NZEmpC 92 H v A Limited [pdf, 263 KB]

   ...investigatory procedures and meetings should generally proceed uninterrupted by challenges. It would undermine the evident purposes of s 179(5) and the Act more generally to allow or encourage challenges at a pre- determination stage, thereby increasing costs, reliance on legalities and technicalities, and generating delays. [18] Parliament’s intention in limiting the powers of the Employment Court in relation to the proceedings of the Authority is reflected in the Explanatory N...

10. [2019] NZEmpC 49 Mathews v Bay of Plenty District Health Board [pdf, 449 KB]

    ...now be able to undertake the correct calculations and adjustments. If, however, issues as to correct payment have not been resolved within four weeks, we reserve leave to either party to apply for any necessary directions. [117] We reserve costs. These should follow the event. Counsel should discuss the issue directly in the first instance. If agreement is unable to be reached, any necessary application should be made within 21 days, and a response given within 21 days therea...