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1. Reece v Accident Compensation Corporation (Weekly Compensation) [2022] NZACC 226 [pdf, 216 KB]

   ...mutually exclusive. The presence of the fracture supports a post- traumatic cause for the neurovascular and autonomic features of CRPS 1, rather than some other spontaneous or imaginary unspecified cause. Weekly compensation payments Relevant law [38] Section 103 of the Act provides: 103 Corporation to determine incapacity of claimant who, at time of personal injury, was earner, on unpaid parental leave, or recuperating organ donor (1) The Corporation must determine under this...

2. Swanson - Waotu South C No 6B (2014) 110 Waiariki MB 187 (110 WAR 187) [pdf, 235 KB]

   ...at Rotorua) Appearances: Mr C Bidois, for the applicants Judgment: 22 December 2014 RESERVED JUDGMENT OF JUDGE C T COXHEAD Copies to: Curtis Bidois, East Brewster Lawyers, PO Box 1742 Rotorua 3040, curtis.bidois@eastbrewster.co.nz mailto:curtis.bidois@eastbrewster.co.nz 110 Waiariki MB 188 Introduction [1] This decision concerns an application pursuant to ss 135 and 136 of Te Ture Whe...

3. Yuile v Smith - Tuahu 6 (2022) 112 Tairawhiti MB 20 (112 TRW 20) [pdf, 320 KB]

   ...shortly after Ira Smith’s passing indicated that she owned all three shares in Tuahu 1A2B. However, a later title search in February 1991 showed Ira Smith as owning only one share in that block. This anomaly was raised with the Court by the lawyers for the executors on 16 June 1993. The Deputy Registrar responded on 29 June 1993 to confirm that the Court records showed that George Smith owned two shares in Tuahu 1A2B and Ira Smith owned one share. On 23 July 1993, the one shar...

4. [2020] NZEmpC 169 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 276 KB]

   ...The dispute culminated in a judgment of the Court dated 28 May 2019.1 The outcome of the judgment was a finding that, during the relevant times, the plaintiff was in continuous employment. The argument that he had been engaged on a series of lawful fixed-term agreements was not accepted. It followed that Tranzit Coachlines Wairarapa Ltd (Tranzit) was liable to meet Mr Morgan’s resulting leave entitlements. Leave was reserved to apply for further orders

5. [2021] NZEmpC 155 Best Health Foods Ltd v Berea [pdf, 290 KB]

   ...Roxanne Berea’s employment with that entity, after a very short period of employment under a trial provision.1 [2] The challenge is brought on a non-de novo basis. The issues raised by the challenge are that the Authority erred in fact or in law in one or more of the following respects: 1 Berea v Best Health Foods Ltd [2020] NZERA 474 (Member Beck). a) Having found there was a valid 90-day trial provision in Ms Berea’s individual employment agreement (IEA), it er...

6. [2021] NZEmpC 178 Guan v Jay.Co Ltd [pdf, 250 KB]

   ...witnesses who were employees of JAY.CO at relevant times. Two of these witnesses gave their evidence in Mandarin. A Mandarin interpreter was present to assist the Court. [5] The question for the Court is whether the Authority erred either in fact or law concerning each of the three issues outlined above. I will consider these issues on a sequential basis, summarising the conclusions reached by the Authority in each instance and then the evidence placed before the Court in order...

7. LCRO 230/2015 ZM v LG [pdf, 123 KB]

   LCRO 230/2015 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN ZM Applicant AND LG Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr ZM applied to review a decision by the [Area] Standards Committee [X] (the Committee) to take no fur

8. Kemp - Pouto Topu A (2012) 51 Taitokerau MB 277 (51 TTK 277) [pdf, 146 KB]

   ...prevent its beneficial owners from camping in the designated areas. Rather, the Trust simply wants those who occupy or claim ownership of the baches to remove them from the land. That is, it seeks a mandatory or permanent injunction. [32] The law is clear that the Trust, as an ahu whenua trust, has all the rights of the legal owners of the land. Legal ownership of the land prima facie entitles the trustees to an injunction where a trespass has been committed. This is the case wh...

9. LCRO 76/2018 HS v WA (19 February 2019) [pdf, 175 KB]

   LCRO 076/2018 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee BETWEEN HS Applicant AND WA Respondent DECISION The names and identifying details of the parties in this decision have been changed Introduction [1] Mr HS has applied for a review of a decision by the [City] Standards Committee (the Committee) to t

10. [2012] NZEmpC 176 Te One A Mara Ltd v Olsen [pdf, 126 KB]

    TE ONE A MARA LIMITED V CHAD OLSEN NZEmpC WN [2012] NZEmpC 176 [12 October 2012] IN THE EMPLOYMENT COURT WELLINGTON [2012] NZEmpC 176 WRC 10/12 IN THE MATTER OF a point of law challenge to a determination of the Employment Relations Authority BETWEEN TE ONE A MARA LIMITED Plaintiff AND CHAD OLSEN Defendant Hearing: (by memoranda of submissions filed on 16, 29 and 31 August 2012) Counsel: Michael Quigg and Simon Martin, counsel for the plaintiff...