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1. Williams v Cotter-Arlidge - Okaihau 3C2 (2019) 77 Tākitimu MB 51 (77 TKT 51) [pdf, 416 KB]

   ...was at 31 March 2014. Payments are unexplained, balance sheets from year to year do not add up, it is unclear which beneficiaries claimed dividends and which have not, and tax returns were not filed which led to unnecessary IRD penalties. The Law [21] Section 231 of the Act provides: 77 Tākitimu MB 57 231 Review of trusts (1) The trustees or a beneficiary of a trust (other than a kai tiaki trust) constituted under this Part may apply to the court to review the terms, operat...

2. [2021] NZACC - Hallmond v ACC (3 August 2021) [pdf, 338 KB]

   ...the ground and I twisted my back out. 1 Ellwood v Accident Compensation Corporation HC Wellington CIV 2005-485-536, 18 December 2006. [40] Mr Hinchcliff refers to the panel’s comment of 31 March 2020. He submits the report is flawed. He makes these points: • The mechanism of injury described by the panel is incorrect. The appellant did not fall into the manhole. The kango slipped and this weight of the kango twisted his lower back. • The panel incorrectly...

3. [2018] NZSSAA 33 (18 July 2018) [pdf, 161 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 [XXX]’s case, and in particular considering: 46.1.1 Is the appella...

4. Stephen Chiles (dated 12 May 2017) [pdf, 2.2 MB]

   ...CITY COUNCIL Respondent SUPPLEMENTARY BRIEF OF EVIDENCE OF DR STEPHEN GORDON CHILES – BACKGROUND NOISE MONITORING REPORT ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on record: B Irving Solicitor to contact: B Irving/C F Hodgson P O Box 143, Dunedin 9054 Ph: (03) 477 7312 Fax: (03) 477 5564 Email: bridget.irving@gallawaycookallan.co.nz Email: campbell...

5. Watson v Accident Compensation Corporation (Deemed Cover) [2024] NZACC 002 [pdf, 188 KB]

   ...CRPS as Ms Watson’s personal injury. The Reviewer also found, in terms of section 134(1) of the Act, that there was no jurisdiction to deal with Ms Watson’s application. [29] On 16 September 2021, a Notice of Appeal was lodged. Relevant law [30] Section 3 of the Accident Compensation Act 2001 (“the Act’) provides: The purpose of this Act is to enhance the public good and reinforce the social contract represented by the first accident compensation scheme by providing for...

6. McLeary v ACC (Personal injury) [2024] NZACC 74 [pdf, 228 KB]

   ...contemporaneous medical information and with no early high-tech imaging of the lumbar sprain obtained. The CAP considered that there was no clear evidence on file to support an ongoing structural injury to account for Ms McLeary’s symptoms. Relevant law [38] Section 65 of the Act provides: (1) If the Corporation considers it made a decision in error, it may revise the decision at any time, whatever the reason for the error. (2) The Corporation may revise a decision deemed b...

7. Gunning v CAC306 & Ors [2016] NZREADT 23 [pdf, 229 KB]

   ...was only expecting an amendment to the rent review clause which it approved and initialled. [7] The landlords maintain that there was a binding agreement on 19 March 2014 and that the listing salesperson was to supply a signed copy of it to their lawyers but this was not done. The tenant says that the rental contribution clause was absolutely fundamental to the agreement and the “basis of the entire negotiation process”. [8] On 20 March 2014 the tenant, realising that changes h...

8. Taueki v Taueki - Horowhenua No 11B Subdivision 14 (2021) 437 Aotea MB 134 (437 AOT 134) [pdf, 264 KB]

   ...from former trustees who had been paid significant sums both historically and in recent times. Mr Rudd then included attached to his letter several annexures including copies of Court minutes and decisions and newspaper reports. Te Ture The Law [27] Section 231 of the Act is relevant to reviews, it provides: 231 Review of trusts (1) The trustees or a beneficiary of a trust (other than a kai tiaki trust) constituted under this Part may apply to the Court to review the terms,...

9. [2011] NZEmpC 76 Rush Security Services Ltd v Samoa [pdf, 132 KB]

   ...necessary to establish whether, at the end of the employment relationship with RSSL, Mr Samoa was an employee. That is determined principally by applying s 6 of the Act which, in turn, depends upon the existence of a contract of service at common law. This is relevant not only in determining whether someone is an employee as opposed to being of another status (for example an independent contractor) but also in determining whether someone is an employee of indefinite duration or a...

10. [2017] NZEmpC 23 Domingo v Suon and Heng (t-a Town and Country Food) [pdf, 178 KB]

    ...what Mr Meyrick says, it follows that the default has been deliberate. If the defendant disagreed with the outcome of the Authority’s original or subsequent determination, it could have filed a challenge and tested its interpretation of the law. The fact that it may harbour strong beliefs about the Authority’s conclusions, and the basis for the orders made against it, is not atypical in situations such as this and does not, in my view, tell against the imposition of a...