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1. [2007] NZEmpC CC 8/07 Employee v Employer [pdf, 87 KB]

   ...have impacted on her level of motivation would not have rendered her incapable of thinking rationally about the adverse decision and its implications. It is also possible that her response to the contents of the ERA document resulted in the normal human reaction of avoidance, given her distress that her grievance was not upheld. [30] On behalf of the applicant, Mr Beck then provided the Court with a second psychiatric report on the applicant. This was provided by Dr Earthrowl, a cons...

2. [2020] NZREADT 29 – Molloy v Real Estate Agents Authority (9 July 2020) [pdf, 208 KB]

   ...not the role of an agent to prevent a purchaser from making an offer. [37] Mr Hargreaves further submitted that the Committee’s decision is discriminatory, in breach of s 19(1) of the New Zealand Bill of Rights Act 1990, and s 21(1)(i) of the Human Rights Act 1993, which prohibit discrimination on the grounds of (among other things) age. He submitted that Mr Pallatt was fully competent, and there was no evidence that he was not competent, or even vulnerable. He submitted that...

3. LCRO 190/2020 JG v VK (23 March 2021) [pdf, 260 KB]

   ...been pointless dispute, she completed the application form and instructed her secretary to resend the application. This was dispatched with note that the form had been “duly signed”. [119] Regrettably, in what presents as a case of genuine human error, Ms VK’s secretary inadvertently resent the application in its original form. [120] This was unfortunate, but an administrative error in that nature of that which inevitably occurs from time to time in busy offices where a signi...

4. [2021] NZACC 21 - Pentecost v ACC (28 January 2021) [pdf, 231 KB]

   ...circumstances described in section 21; or (da) work-related mental injury that is suffered by a person in the circumstances described in section 21B; or (e) damage (other than wear and tear) to dentures or prostheses that replace a part of the human body. … (2) Personal injury does not include personal injury caused wholly or substantially by a gradual process, disease, or infection unless it is personal injury of a kind described in section 20(2)(e) to (h). [29...

5. Khan v Khetarpal [2016] NZIACDT 6 (22 January 2016) [pdf, 239 KB]

   ...New Zealand and expecting them to be deported while doing nothing to assist them has been a standard modus operandi of many fraudulent immigration advisers, licensed and unlicensed. [55] The Tribunal assesses every case on its merits. It must weigh human frailty, and give weight to rehabilitation. However, there is no doubt what happened to the complainant in the J complaint is inherently serious, and raises the question of whether Ms Khetarpal should remain as a member of the professio...

6. Gill v Singh [2016] NZIACDT 36 (30 June 2016) [pdf, 155 KB]

   ...funds being remitted to New Zealand. Then the parties present that employment to Immigration New Zealand as genuine in order to gain visas fraudulently. In such cases, there is potential tax evasion, immigration fraud, breach of employment laws, and human trafficking issues. [31] Given the criminal nature of activities of this kind, and the fact that activities occur outside New Zealand, proof is often difficult. Was I to be deciding this complaint treating the complainant as having an o...

7. [2021] NZEnvC 180 Northern Land Property Limited v Thames-Coromandel District Council [pdf, 2.2 MB]

   ...and activity there. These issues involve assessments of the landscape and the natural character of the area, its relationship with the beach, coastal environment and other neighbouring areas, the cultural heritage of the area and the effects of human activity on those things. Introduction [3] The total area of land in the proposed structure plan is just under 375 hectares. It is presently in 11 titles ranging in size from 506 m2 to over 105 ha. The appellant, Northern Land Pro...

8. Emery v REAA CAC 20002 & Anor [2014] NZREADT 33 [pdf, 75 KB]

   ...found that this part of the complaint must remain inconclusive in the absence of further evidence to support either party’s claim. [15] In relation to the missing pages of the listing agreement, the Committee found that this was just a case of human error inside the agency’s office. [16] The Committee found that the complainant had not provided sufficient evidence to support the claim of failure to adequately follow up a prospective buyer. Price Bracket [17] In relation to all...

9. Cotter v Accident Compensation Corporation (Personal Injury) [2024] NZACC 013 [pdf, 249 KB]

   ...section 20(2)(e) to (h)).3 Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body.4 Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident.5 [46] In Ambros,6 Glazebrook J, for the Court of...

10. [2018] NZEnvC 207 Sustainable Otakiri Incorporated v Bay of Plenty Regional Council [pdf, 825 KB]

    ...Bel/-Booth Group Ltd v Attorney-General (1986) 1 PRNZ 457 (HC). 17 [61] An important point about access to justice in the context of security for costs was made by K6s J in Highgate on Broadway Ltd v Devine: 32 Access to justice is an essential human right. The cost of exercising that right is the payment of costs in the event of failure. The right of a successful defendant to costs in that event is arguably subordinate to the plaintiff's right to be heard. Strong social policy...