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1. Jones v Accident Compensation Corporation [2016] NZACA 02 [pdf, 250 KB]

   ...described in my decision. It recorded that Mr Jones had raised the matter of his entitlement to ERC, arising out of a medical misadventure on 5 January 1988. According to Mr Gilkison, the Corporation’s decision of 19 May 1993 declining ERC was “flawed” as it stated that Mr Jones had to establish that the loss of ongoing incapacity and of his earnings were directly related to the specific incident and to no other causes. This was said to be an erroneous statement of the law...

2. Robinson v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 139 [pdf, 316 KB]

   ........................................................................................... [11] Matters of common ground .............................................................................. [15] Agreed issues on appeal ........................................................................................... [16] Law ........................................................................................................................... [17] Appellant’s submissions .......

3. Paraire v Paraire – Part Mangatawa 10 (2015) 105 Waikato Maniapoto MB 67 (105 WMN 67) [pdf, 213 KB]

   ...That section permits the Tenancy Tribunal to make an order for possession that a person is in possession of the premises as a squatter, trespasser or otherwise than pursuant to a right of occupation granted to that person by any person having lawful authority to grant that right. 5 Application A20030002554. 6 Application A20030002556. 7 73 Tauranga MB 50-51 (73 T 50-51). 8 77 Tauranga MB 152 (77 T 152); 77 Tauranga MB 153-154 (77 T 153-154); 77 Tauranga MB 156-178 (77 T 156-...

4. List of Appeals [pdf, 238 KB]

   ...Auckland Council, Private Bag 92300, Auckland 1142, mike.wakefield@aucklandcouncil.govt.nz Lodgement: ENV-2016-AKL-000209 No. 12 Lomond Limited v Auckland Council Initiator No. 12 Lomond Limited Mr Craig Malone, Berry Simons Environmental Law, PO Box 3144, Auckland, craig@berrysimons.co.nz Initiator No. 12 Lomond Limited Susan Simons, BerrySimons, PO Box 3144, Auckland 1140, sue@berrysimons.co.nz Respondent Auckland Council Christian Brown, Private Bag 92300, Victoria S...

5. [2011] NZEmpC 48 Clear v Waikato DHB [pdf, 201 KB]

   ...before any actionable breach arose. The Court of Appeal agreed with a submission from counsel for the Board that if the Employment Court had purported to impose liability on the Board for Ms Clear‟s illness per se, that would be an error of law. 7 On this aspect of the appeal, however, the Court concluded that Judge Shaw had recognised the limitation cut-off date and Her Honour‟s finding was that “...Ms Clear‟s problems in the workplace had led to the position where she w...

6. McGregor v Jensen [pdf, 89 KB]

   ...Chan case involved a multi-unit residential complex and in that case the High Court concluded that a subcontractor did not owe a duty of care to subsequent owners. Glossop Chan however was decided in 1997 and there have been developments in the law since that time particularly in relation to leaky residential dwellings. In Body Corporate 189855 & Ors v North Shore City Council & Ors (Byron Avenue),7 the Court concluded that the plasterer did owe a duty of care to subse...

7. [2013] NZEmpC 39 Rittson-Thomas t/a Totara Hills Farm v Davidson [pdf, 150 KB]

   ...disagreement about the hours of work that Mr Davidson put in, Mr Rittson- Thomas required him to complete weekly timesheets. The defendant did so although only a few of these were produced in evidence. [8] In July 2010 Mr Rittson-Thomas met with his lawyer to establish how he might go about ending the employment of one or more staff by reason of redundancy. Three months later, in early September 2010, Mr Rittson-Thomas met with his banker to discuss reducing farm expenditure.

8. Cutforth v Witana - Kohewhata 27C2A (2023) 259 Taitokerau MB 111 (259 TTK 111) [pdf, 364 KB]

   ...applicant T Hovell for the respondent Whakataunga: Judgment date 19 April 2023 TE WHAKATAUNGA Ā KAIWHAKAWĀ M P ARMSTRONG Judgment of Judge M P Armstrong Copies to: J Burley, McVeagh Fleming Lawyers, Level 9 HSBC Tower, 188 Quay Street, PO Box 4099, Auckland 1140 jburley@mcveaghfleming.co.nz mailto:jburley@mcveaghfleming.co.nz 259 Taitokerau MB 112 Introduction [1] The Omapere Taraire E & Rangihamama X3A Ahu Whenu...

9. A new adoption system for Aotearoa New Zealand - Discussion Document (Gagana Sāmoa) [pdf, 535 KB]

   ...pepa ina ia fesoasoani iā te oe e faailoa mai ai sou finagalo fa'aalia. E mafai ona faasoa lou finagalo i luga o le initaneti e ala i le faatumu mai o le pepa mo finagalo fa'aalia o loo maua i le consultations.justice.govt.nz/adoption- law-reform E mafai foi ona tusi sau oe talosaga ma imeli mai i le adoptionlaw@justice.govt.nz pe lafo mai i le pusameli a: Adoption Law Reform SX10088 Wellington 6011 Afai e iai ni au fesili e uiga i lenei pepa o faatalanoa...

10. [2024] NZEmpC 226 Glenfield College BOT & Ors v Anderson [pdf, 272 KB]

    ...dismissal).4 [32] On 21 October 2020 Mr McKinley wrote to the Board Chair raising a complaint against Mrs Anderson in respect of alleged “unprofessional”, “undermining” and “deeply concerning” behaviour; and of refusing to comply with lawful and reasonable instructions. He asked that the Board investigate her conduct. The complaint was drawn to the attention of Mrs Anderson, through her representative, on 22 October 2020, and a letter formally commencing the inquiry wa...