Search Results

1. [2017] EmpC 156 Coomer v JA McCallum & Son Ltd [pdf, 309 KB]

   ...103(1)(b) of the Employment Relations Act 2000 (the Act). [7] On 4 April 2016, Mr Coomer met with Mr McCallum to discuss his employment. Ms Evans was again present. Mr Coomer was accompanied by his wife and a legal representative from Community Law. The prospect of Mr Coomer returning to work as a driver was discussed at this meeting as it had been at the meeting on 16 February. The agreed statement of facts does not describe in any detail what occurred at this meeting but it was su...

2. Fapiano v Tarau (2013) 24 Takitimu MB 46 (24 TKT 46) [pdf, 198 KB]

   ...entitled to an interest in the Homestead. [20] In any case during the hearing I indicated to Mr Nee Harland that this may require an application per s 45 of the Act to the Chief Judge of the Māori Land Court. 24 Takitimu MB 50 The Law [21] Section108 of Te Ture Whenua Māori Act 1993 provides that: 108 Disposition by will (1) Except as provided by subsections (2) and (3) of this section, no owner of any beneficial interest in any Māori freehold land has the capacity...

3. S v Hakaoro [2015] NZIACDT 31 (17 March 2015) [pdf, 145 KB]

   ...NAME AND ANY INFORMATION IDENTIFYING THE COMPLAINANT IS NOT TO BE PUBLISHED DECISION REPRESENTATION: Registrar: Ms K England, Ministry of Business Innovation and Employment, Auckland. Complainant: Mr N Tupou, Barrister, Tupou Law, Auckland Adviser: In person Date Issued: 17 March 2015 2 DECISION Introduction [1] The Registrar of the Immigration Advisers Authority referred this complaint to the Tribunal. [2] The complaint is that...

4. Mayfair Street Units v Spargo [pdf, 323 KB]

   ...undoubtedly find it difficult to grasp this doctrine. Even academics wrestle with it. 2 (2007) 8 NZCPR 914, Harrison J (HC). 3 [1979] 2 NZLR 234 (CA). Page | 11 Stephen Todd et al in The Law of Torts in New Zealand4 at page 1057 (22.5.02) states: “The concept of a non-delegable duty is problematic. Since, in strict terms, a person under a duty to use care cannot delegate that duty to someone else, the creation of a...

5. Keepa v Vercoe - Ruatoki B92 [2015] Māori Appellate Court MB 189 (2015 APPEAL 189) [pdf, 251 KB]

   ...Keepa as a trustee but were seeking a way forward in relation to the administration of the block. Despite that, Ms Turnbull agreed with the position reached by Judge Savage, that there was sufficient grounds to remove Mr Keepa as a trustee. The Law [12] Section 67 of the Act states: 67 Powers of Judge to call conference and give directions (1) For the purpose of ensuring that any application or intended application may be determined in a convenient and expeditious manner, and...

6. Henderson v Accident Compensation Corporation (Personal Injury) [2022] NZACC 155 [pdf, 193 KB]

   ...caused by his accident of 31 October 2018, and that the Corporation’s decision of 12 July 2021 to decline Mr Henderson cover and surgery funding for that condition was correct. [24] On 18 January 2022, a Notice of Appeal was lodged. Relevant law [25] 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 substantially by...

7. [2022] NZACC 21 - Delamere v ACC (22 February 2022) [pdf, 270 KB]

   ...2020 declining a claim for a left inguinal hernia is reversed. [61] If there is any issue as to costs an application in writing may be made within 30 days. Judge C J McGuire District Court Judge Solicitors: Medical Law, Auckland for the respondent

8. BD v F Ltd [2023] NZDT 773 (12 December 2023) [pdf, 156 KB]

   CI0301_CIV_DCDT_Order Page 1 of 6 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 773 APPLICANT BD RESPONDENT F Ltd The Tribunal orders: 1. The claim is dismissed. 2. BD is to collect the E bike currently in the possession of F Ltd on or before 8 January 2024. If the E bike is not collected by BD by that date, or such later date as agreed between the parties, F Ltd can dispose of the bike as it sees fit.

9. Davis & Ors v CAC 20004 & Anor [2013] NZREADT 102 [pdf, 101 KB]

   ...file that the ‘limited occupation right’ had in fact been imposed by the Council as part of its resource consent and that it was almost impossible to find any reference to it on the Council file, including the LIM. He concluded that there was no lawful restriction which could impose a limitation on Ms Liu’s right to occupy the apartment full time. Ms Liu also gave evidence. [12] The Tribunal also heard that the intranet, which was then being introduced to Barfoot & Thompson,...

10. [2021] NZACC 64 - Kingi v ACC (20 April 2021) [pdf, 167 KB]

    ...result of her covered injury suffered on 4 January 2018, and the appeal must be dismissed. Decision [48] The appeal is dismissed. There is no issue as to costs. Judge Denese Henare District Court Judge Solicitors: Medico Law, Auckland for the respondent