Search Results

1. Smith v Accident Compensation Corporation (Work-related gradual-process injury, late filing) [2024] NZACC 32 [pdf, 152 KB]

   ...2024. [3] On 15 February 2024, Mr Hack for the Corporation submitted that there was unlikely to be prejudice to the Corporation caused by the delay in filing the appeal, and the Corporation did not oppose the late filing of the appeal. Relevant law [4] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be recei...

2. [2024] NZEmpC 32 Halse v Hamilton City Council [pdf, 193 KB]

   ...[18] A fair-minded and objective observer is presumed to be intelligent, and to understand:13 (a) Judge are expected to be independent in their decision-making and have taken the judicial oath to do right to all manner of people after the laws and usages of New Zealand, without fear or favour, affection or ill-will. (b) If judges recuse themselves too readily because of suggestions of appearance of bias, parties may be encouraged to believe that by seeking the disqualificatio...

3. Giles v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 236 [pdf, 159 KB]

   ...have and the amount of different ACC Review Specialist and Case Managers whom I believe hoped I would just drop my claim but no. [4] On 30 November 2022, Ms Arnold for the Corporation submitted that it did not oppose the application. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be receive...

4. Te Moana - Lot 1 Deposited Plan 8460 (2008) 100 Opotiki MB 131 (100 OPO 131) [pdf, 1.1 MB]

   ...client was able to access finance at higher interest rates using other propel1y as security. Counsel was again advised to file legal submissions. Those submissions were received on 15.11.07 and referred on to the COUli on 23.11. 07. Relevant Law and Findings [7] Mr Peterson submitted that there were essentially two questions to be addressed by the COUl1. These are: I. Whether the requirements of section 136 are met? And if the answer IS yes; - 2. Is the change of status to Gene...

5. [2010] NZEmpC 95 Musa v Whanganui DHB & Anor [pdf, 21 KB]

   ...agreement by publishing additional remarks that were derogatory of him. [6] The remedies claimed by Mr Musa include penalties for each of the breaches as provided for in the statute (which penalties he says should be paid to him as permitted by law in recognition of the harm suffered by him), a compliance order requiring the second defendant to comply with the original terms of the settlement agreement of 26 March 2008, and costs. [7] The penalties claimed are civil penal sanction...

6. ST v AHX [2013] NZIACDT 30 (27 May 2013) [pdf, 82 KB]

   ...[24] The issues for determination arise from the Licensed Immigration Advisers Code of Conduct (“the Code”), and the Act. [25] Clause 1 of the requires a licensed immigration adviser to: [25.1] act with professionalism. [25.2] carry out the lawful informed instructions of clients. [25.3] Discharge professional engagements with due care, diligence and respect. [26] Section 44 of the Act provides that breaches of the Code, negligence and incompetence are all grounds for complain...

7. Morton v Accident Compensation Corporation (Late appeal to the District Court) [2023] NZACC 51 [pdf, 159 KB]

   ...because she was currently unwell. [4] On 24 March 2023, Mr Wanigasekera for the Corporation submitted that the lateness of the appeal did not prejudice the Corporation and it did not oppose leave being granted to file the appeal late. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be receiv...

8. FQ & TZ v QM [2022] NZDT 77 (8 February 2022) [pdf, 105 KB]

   ...little consequence either way. 9. At the time of the hearing QM’s proposed plan had changed to having a vaccinated person on site to facilitate QM himself taking photos via a live stream. QM has left New Zealand, he says until the Covid-related laws/restrictions are changed, so he would be taking photographs from his location overseas. 10. FQ and TZ contend that all the alternative solutions offered to them by QM, after his communication that he did not intend to get vaccinated,...

9. MT v BX [2024] NZDT 85 (16 January 2024) [pdf, 96 KB]

   ...the appropriateness of the fees in the contract being recoverable, since they appeared to serve no actual purpose, and MT was not even sure why they had been written into the contract. MT had had a letter of demand drafted for him by the Community Law Centre which included a $400 dishonour fee, but that fee is not included in the contract and cannot be recovered. 12. However with respect to the terms of the contract, drafted by BX, and bearing in mind the background features I have re...

10. [2006] NZEmpC AC 35/06 Wackrow v Fonterra Cooperative Group Ltd [pdf, 34 KB]

    ...Authority and no weight appeared to have been placed on it, as it was not relevant to the employment setting. [24] I do not accept that submission. The issue at hand was not whether Fonterra accepted Mr Wackrow’s right to silence, a matter of law in any event, but the way in which it chose to recognise that right. Whether or not the Authority actually relied on it in its determination, it was central to Mr Wackrow’s case and the preparation of it was, in my view, relevant and...