Search Results

1. KI v Accident Compensation Corporation (Late filing of an appeal to District Court) [2024] NZACC 52 [pdf, 159 KB]

   ...review application due to significant medical issues at that time and submitted that further significant mental impairment documentation was withheld by the Corporation for nine months and not included in her review application. 3 Relevant law [7] 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. ENVC paper Workshops on expert conferencing 2013 [pdf, 172 KB]

   ...on Expert Conferencing in Environment Court, 2012 Introduction The following is a summary of notes brought together by the steering group, from 11 workshops held around New Zealand during 2012 under the auspices of the Resource Management Law Association Inc. The Association’s lead facilitator was Planning and Resource Management Consultant Dave Serjeant, and the other members of the group were Acting Principal Environment Judge Laurie Newhook and Environment Commissioner Ro...

3. [2012] NZEmpC 142 Horton Media Ltd [pdf, 212 KB]

   ...Relations Authority BETWEEN KEITH HOOPER Plaintiff AND COCA-COLA AMATIL (NZ) LTD Defendant Hearing: 29, 30 November 2011 and 1 December 2011 (Heard at Christchurch) Appearances: Tim Oldfield, counsel for the plaintiff Mark Lawlor and Tania Fletcher, counsel for the defendant Judgment: 2 February 2012 JUDGMENT OF JUDGE A D FORD Introduction [1] Mr Keith Hooper was employed by the defendant at its Woolston plant in Christchurch as a syrup make...

4. [2015] NZEmpC 10 Graeme’s Service Centre v Stalker [pdf, 110 KB]

   ...until the Court sets them aside. The defendants are entitled to enforce those orders unless a stay of proceedings is granted. It follows that the plaintiffs are asking the Court to exercise its discretion to intervene in what is a perfectly lawful enforcement process. [7] The discretion conferred by s 180 is not qualified by the statute but must be exercised judicially and according to principle. I note two key principles. There must be evidence before the Court justifyin...

5. Wikatene - Tauranga Taupo 1B 2B No 2 (2017) 376 Aotea MB 81 (376 AOT 81) [pdf, 290 KB]

   ...responsibility to ensure the Secretary has the correct contact details and further says that there have been ongoing difficulties with contacting Mr Wikatene. Ms Cook expressed doubt about Mr Wikatene’s claim that he did not receive the information. The Law [15] Section 238 of Te Ture Whenua Māori Act 1993 states: 238 Enforcement of obligations of trust (1) The court may at any time require any trustee of a trust to file in the court a written report, and to appear before the...

6. [2015] NZSSAA 62 (31 August 2015) [pdf, 45 KB]

   ...[2015] NZHC 521 (19 March 2015). has remitted the matter to the Authority for a factual determination as to the nature of the payments from the XXXX Family Trust to the 2 appellant, as a pre-requisite to the Court ruling on a question of law as to whether or not payments made by the Trust to or on behalf of the appellant constitute income. Background [4] The facts of this case are set out in our earlier decision, but for present purposes we note the following: (i) The a...

7. TM v BC Ltd [2023] NZDT 774 (7 December 2023) [pdf, 195 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 774 APPLICANT TM RESPONDENT BC Limited The Tribunal orders: The claim is dismissed. Reasons: 1. TM and GH, representing BC Limited (“BC”) both attended the hearing by teleconference. 2. TM took his vehicle to BC for repair as there were issues with its engine. He said BC agreed to provide a full engine replacem

8. Murphy & Anor v CAC301 & Anor [2015] NZREADT 73 [pdf, 134 KB]

   ...purpose is by providing accountability through an independent, transparent, and effective disciplinary process. [25] Professional standards must be maintained. The aspects of deterrence and denunciation must be taken into account. It is settled law that a penalty in a professional disciplinary case is primarily about the maintenance of standards and the protection of the public, but there can be an element of punishment. Disciplinary proceedings inevitably involve issues of deterren...

9. Bogusz v Accident Compensation Corporation (Suspension of Entitlements) [2022] NZACC 157 [pdf, 226 KB]

   ...the balance of probabilities, that decision was wrong. That decision also stands. [47] The appeal is therefore dismissed. [48] There is no issue as to costs. Judge C J McGuire District Court Judge Solicitors: ACC and Employment Law, Ellerslie Young Hunter Solicitors, Christchurch

10. Martin - Whangaroa Ngaiotonga Trust (2008) 127 Whangarei MB 144 (127 WH 144) [pdf, 1.5 MB]

    ...taken in the High Court to enforce the award it loses the cloak of confidentiality. That is what occutTed here. (12] I conclude that the trustees are not in breach of their obligations in pursuing the lessee. Ellgagillg Farm COl/slllt(lIIt alld Lawyers [13] Cluis Mattin complained that the trustees engaged a farm consultant and lawyers without discussing it with him and a fellow trustee. The farm consultant and lawyers were engaged in relation to the arbitration award. Wayne Jolms...