Search Results

1. Waller v Accident Compensation Corporation (Suspension of Entitlement) [2022] NZACC 235 [pdf, 272 KB]

   ...sufficient evidence to suspend Mr Waller’s entitlements; and (2) the medical evidence from Mr Muthu did not show that Mr Waller’s current symptoms were due to a covered injury. [21] On 28 February 2022, a Notice of Appeal was lodged. Relevant law [22] Section 20(2)(a) of the Act provides that a person has cover for a personal injury which is caused by an accident. Section 26(2) states that “personal injury” does not include personal injury caused wholly or substantiall...

2. Leckie - Matauri 2K (2016) 137 Taitokerau MB 23 (137 TTK 23) [pdf, 219 KB]

   ...initial hearing on 12 February 2016 and at the site inspection on 21 March 2016. As noted at the outset, I concluded the hearing on the basis that I would grant the orders but needed to set out my decision in writing together with the orders. The law [9] The Court may grant occupation orders under s 328 of Te Ture Whenua Māori Act 1993 (“the Act”). Section 329 sets out the factors the Court has to take into account in deciding whether to grant an occupation order. I set ou...

3. C Ltd v J Inc [2024] NZDT 105 (13 February 2024) [pdf, 146 KB]

   ...it damages of $20,000.00 for loss of income from the forced closure of the restaurant, and $5,000.00 for the cost of stripping its fixtures from the restaurant. 72. C Ltd accepted at the hearing that it would have been obliged under the Property Law Act to assign the lease to the J Inc’s buyer, who was of good financial standing, but says that the buyer wanted a new lease rather than an assignment, and the terms proposed by the buyer were not acceptable to it. It says this is the re...

4. Hewitt v Standing [2012] NZIACDT 50 (30 August 2012) [pdf, 126 KB]

   ...details of material discussions with clients. Accordingly, he should be in a position to present a fully documented record of the professional engagement which is subject to the complaint, and was requested to do so. [32] The Code has the force of law (sections 37–39 and 44 of the Act). [33] Pursuant to section 49(4)(a) of the Act, the Tribunal’s Minute requested Mr Standing to respond to each of the issues raised in Ms Hewitt’s complaint, with reference to his client record....

5. Vosper and Vopser Ltd v CAC 402 & Biddle [2016] NZREADT 60 [pdf, 194 KB]

   ...came to an end when the agreement was signed. At that time, he said, the parties agreed that no agent was involved in the sale, it being a sale by private treaty. Thereafter, he said, his involvement was solely as Kirk’s father, and father-in-law of Kirk’s partner. He went on to “acknowledge that Mr Biddle may have still considered me to be the vendor’s agent after the date of the agreement.” [23] Frank Vosper also contended that he was not aware, before the agreement w...

6. [2019] NZEmpC 132 Chief Executive of Manukau Institute of Technology v Zivaljevic [pdf, 300 KB]

   ...has not been compliance with s 65(2)(a)(vi) of the Act. [60] That is what happened here. Mr Zivaljevic clearly is an intelligent man. He has experience as an academic researcher. Although he acknowledges he is not an expert in employment law, he went about researching his rights, including by considering case law and, when it came to process, by reviewing the terms of his employment agreement. Even he was led astray by clause 15.0. That clause does not comply with s 65(2)(...

7. [2021] NZACC 93 - Estate of Bryant v ACC (30 June 2021) [pdf, 338 KB]

   ...Parliament when enacting the provision. Some Parliamentary clarification may well be required to reconcile the Parliamentary intent of the 2005 amendment with the effect it has on the fundamental division between accident and illness. However, as the law stands at present, in my judgment, a failure to treat does not occur in circumstances where there are no observable indicators for a physician to intervene. … [58] … I do find persuasive the submission advanced by Mr Butler...

8. [2021] NZACC 122 - Nelson v ACC (3 August 2021) [pdf, 229 KB]

   ...review in November 2018 but was dismissed; and a subsequent appeal to the District Court was also dismissed.2 [66] On 4 January 2019, a Notice of Appeal was lodged in respect of the March 2018 decision as to date of reinstatement. Relevant law [67] Section 109 of the Accident Compensation Act 2001 (“the Act’) provides: 109 When claimant’s vocational independence to be assessed (1) The Corporation may determine the claimant’s vocational independence at such reasonable...

9. Sax v Commissioner of Police (Strike-Out – Discrimination) [2022] NZHRRT 33 [pdf, 173 KB]

   ...orders and open justice principles [53] The centrality of the principle of open justice was referred to by the Supreme Court in Erceg v Erceg [2016] NZSC 135 in the following way: [2] The principle of open justice is fundamental to the common law system of civil and criminal justice. It is a principle of constitutional importance, and has been described as “an almost priceless inheritance”. The principle’s underlying rationale is that transparency of court proceedings maintains...

10. [2020] NZIACDT 25 - RV v Aiolupotea (12 June 2020) [pdf, 164 KB]

    ...to the letter by the deadline of 14 March 2018, Immigration New Zealand declined the visa in a letter to Mr Aiolupotea on 15 March 4 2018. The interim visa therefore expired, so the agency stated that the complainant was in New Zealand unlawfully and was liable for deportation. [20] According to the complainant, he was not told of the decline of the visa application or of his unlawful status. However, Mr Aiolupotea’s file summary records that he met the complainant on 19 Ma...