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1. Hale v Chester Burt Funeral Home Ltd [2012] NZHRRT 10 [pdf, 76 KB]

   ...facts – discussion [25] The unique feature of the case is that neither party adduced evidence in the normal way. Indeed, Mr Hale adduced no evidence at all. He elected to rely on the admissions made in the statement of reply. It is in fact trite law that once admitted, facts are no longer in issue and there is no need to prove them by evidence. Through Mr Ryan, Chester Burt Funeral Home Ltd properly admitted that which it could not responsibly deny. It acknowledged: 6 [25....

2. Edwards v Tatere - Mangatainoka No 1BC No2C (2012) 15 Takitimu MB 204 (15 TKT 204) [pdf, 205 KB]

   ...27-28 April 2010, 3 Takitimu MB 258-353 (Heard at Hastings) Judgment: 4 April 2012 ORAL JUDGMENT OF JUDGE CT COXHEAD Solicitors: Emma Dawson, Bramwell Grossman, PO Box 500, Hastings 4122 John Appleby, Ladbrook Law, Po Box 37633, Parnell 1151, Auckland Stuart Webster, Sainsbury, Logan And Williams, Po Box 41, Napier 4140 Leo Watson, Po Box 92, Paekakariki, Kapiti Coast Nicola Roberts, Dorrington Poole & Partners, Po Box 69, Dannevirke Nathan M...

3. [2021] NZEmpC 106 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 222 KB]

   ...of the Holidays Act 2003 (the Act). [3] This resulted in a judgment dated 28 May 2019 in which the Court found that, at the relevant times, Mr Morgan was in continuous employment.3 Tranzit’s argument that he had been engaged on a series of lawful fixed term agreements was not accepted. As a result, Tranzit was liable to meet Mr Morgan’s leave entitlements. Leave to apply for further orders was reserved in the event these entitlements could not be resolved between the parties....

4. Poihegatama v Accident Compensation Corporation [2024] NZACC 119 (18 July 2024) [pdf, 265 KB]

   ...acknowledged that his current vehicle met his needs to drive independently to access his home, community, shops, gym, pool and travel in and out of town. [41] The Corporation's decision was upheld in the review decision dated 29 June 2023. Relevant Law [42] The starting point in terms of entitlements under the Accident Compensation Act 2001 (the Act) is section 67, which provides that eligibility for entitlements follows the grant of cover. Section 67 relevantly states: 67 W...

5. LCRO 66/2015 OB v FL (2 October 2018) [pdf, 191 KB]

   LCRO 66/2015 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 OB Applicant AND FL Respondent The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] Mr OB has applied for a review of a decision by the [Area] Standards Committee [X] (the Committee) to ta

6. 2018 NZSSAA 001 (9 January 2018) [pdf, 131 KB]

   ...is referred to in the order. This order of the High Court formulated the issues for the Authority in the following way: 46.2 The matter is remitted to the Authority under High Court Rule 21.14(b) and (d) for reconsideration of the question of law in accordance with Williams J’s decision outlined above in relation to the exercise of discretion under s 86(1)/s 86A, making an assessment on the individual merits of XXXX’s case, and in particular considering: 46.1.1 Is the appellan...

7. [2024] NZEmpC 99 Putaanga v MOVe Freight Ltd [pdf, 243 KB]

   ...safety manager through “repeated phone calls” to him immediately following the accident, within 90 days; and (c) if not, whether leave should be granted to raise the grievances outside of the 90-day period under ss 114–115 of the Act. The law [11] Under s 114 of the Act, an employee wishing to raise a personal grievance with his or her employer must do so within the employee notification period. Beyond that section, the Act does not specify what is involved in raising a p...

8. Lee v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 176 [pdf, 352 KB]

   ...stick to your clothes, which had to be washed when I got home. 13. After I left the Post Office, I continued to work with solvents in my work as a electrician and data technician, but not to the same extent. [22] The appellant, through his lawyer Mr Schmidt, had his case reviewed by Dr McBride, occupational medicine specialist. Dr McBride reported on 9 February 2023 and concluded: Considered together, the toxicological, genetic and epidemiological papers provide good evidence...

9. Sen v Kiff [2012] NZWHT Auckland 3 [pdf, 156 KB]

   ...floor. He said that there is not a requirement for such flashings when aluminium windows are fixed in Harditex, but there needed to be in-seal strip seals behind the jambs themselves that prevent water entry. [26] It is well established in law that contractors, including labour only carpentry contractors,1 owe a duty of care, including to subsequent purchasers, for the work they undertake. [27] Further, sections 74 and 75 of the WHRS Act 2006 provide that the Tribunal is...

10. Legal aid for criminal offences - Samoan [pdf, 513 KB]

    ...justice.govt.nz/legal-aid Mo nisi faamatalaga e faatatau i le tulafono, e aofia ai faamatalaga i vaega o le tulafono lea e masani lava ona afaina ai tagata, e pei o faafitauli i le aiga, i le fale o nonofo ai, o galuega ma tupe, agai i le upega tafa‘ilagi a le LawAccess (lawaccess.govt.nz). O le ā se mea e mafai ona ou faia pe a teena lo‘u mauaina o le fesoasoani a se loia e totogi e le malo? E mafai e oulua ma lau loia ona lu‘ia le faaiuga a le Komesina lea ua teena ai lou mauai...