Search Results

1. [2010] NZEmpC 146 Robertson v Envirowaste Services Ltd [pdf, 44 KB]

   ...in the letter is that the letter states that Mr Robertson knew where he was to place the bins and had not reported the incident. It may have been in these respects that he was not following instructions. He was said to have failed to carry out lawful instructions and had performed an unsafe act. It is in this respect that Mr Robertson’s knowledge of whether he had caused the damage ought to have been investigated. [31] It is also unclear to what Mrs Hearfield was referring wh...

2. NL v Joseph [2020] NZIACDT 6 (31 January 2020) [pdf, 125 KB]

   ...outlining their concerns with the visa application. The agency concluded that the employment agreement was not genuine, so it was not satisfied the complainant was a bona fide applicant who genuinely intended a temporary stay in New Zealand for a lawful purpose. Furthermore, it was not satisfied that she met the good character requirements of the immigration instructions. The complainant’s comments were invited. [14] On 16 August 2017, Mr Joseph responded to Immigration New Zeala...

3. [2010] NZEmpC 115 Fonterra Cooperative Group Limited v Te Stroet [pdf, 64 KB]

   ...concluded that some of Mr Te Stroet’s acts or omissions amounted to serious misconduct “but not to the same extent or for the reasons expressed at the time”. It concluded that “[the employer’s] conclusion and how it was reached was flawed in some important respects.” [11] The Authority found that the inaccurate laboratory test results provided by Mr Te Stroet on 22 November 2009 were first identified by tests done by another technician on a later shift. Mr Te Stroet’...

4. [2016] NZEmpC 142 Leota v The CE of the Ministry of Social Development [pdf, 279 KB]

   ...obligation of confidence; and (c) There must have been unauthorised use of that information to the detriment of the communicator. [30] These principles were established in Coco v A.N.Clark (Engineers) Ltd. 5 Since the test laid out in Coco, case law has clarified that “circumstances importing an obligation of confidence” means that there exists “a reasonable expectation of confidentiality or privacy and the defendant has agreed to keep the information confidential or h...

5. Lam v The Real Estate Agents Authority NZREADT 15 [pdf, 211 KB]

   ...case. What is not permissible is to give a party to an appeal the opportunity to run their case afresh simply because they wish they had conducted it differently in the first instance.13 [26] In the light of those principles and statements of law the Tribunal will now consider the application as it relates to the various documents which the applicant wishes to put before the Tribunal on the hearing of the appeal. Discussion of the Individual Documents [27] The next step in t...

6. Nikora v Nightingale [pdf, 68 KB]

   ...Nikora. [23] These legal distinctions become important when examining the liability for the leaks and damage set out in the claim document. BURDEN OF PROOF [24] WHRS adjudication proceedings, especially in those claims where there are no or few lawyers involved, tend to be somewhat informal. Nonetheless it needs to be recorded and confirmed that they are “civil” proceedings which 2601 Determination 7 comply with the principles of natural justice in which claimants must pr...

7. Buckland v Accident Compensation Corporation (Cover) [2023] NZACC 151 [pdf, 258 KB]

   ...that ACC was correct in its decision of 23 July 2020 suspending the appellant’s entitlements. [98] Accordingly, therefore, I must dismiss this appeal. [99] Costs are reserved. C J McGuire District Court Judge Solicitors: Medico Law Limited, Grey Lynn Background Accident on 25 June 2019 Appellant’s Submissions Respondent’s Submissions Decision

8. [2022] NZACC 7 – Calzadilla v ACC (20 January 2022) [pdf, 361 KB]

   ...administrator. • Receptionist general. • Hotel or motel receptionist. [110] Accordingly, I must dismiss the appeal. [111] There is no issue as to costs. Judge C J McGuire District Court Judge Solicitors: John Miller Law, Wellington for the appellant Meredith Connell, Auckland for the respondent

9. [2021] NZACC 185 – Jurisich v ACC (22 November 2021) [pdf, 340 KB]

   ...medical experts and closer in time to the date of his accident causing injury. [85] While the fact that the original CT scan cannot be found is unfortunate, its absence cannot, in my view, found an argument that Mr Howie’s interpretation is flawed. He is a spinal surgeon. It remains the best evidence available from that time. [86] In this case an extremely detailed clinical advisory panel report has been prepared dated 9 March 2020. At page 15 the panel answers a numb...

10. MOJ0047.03_factsheet_JUL23-Tongan_WEB.pdf [pdf, 227 KB]

    ...‘e he Births, Deaths and Marriages (BDM) ‘a e ngaahi tohi fakamo‘oni maté. Telefoni ta‘etotongi: 0800 22 52 52. ‘Īmeilí: bdm.nz@dia.govt.nz Uepisaití: govt.nz/organisations/births-deaths-and-marriages/ ‘Oku ‘oatu ‘e he Community Law Centres ha fale‘i fakalao ta‘etotongi ma‘a kinautolu ‘oku nau fiema‘u iá. Uepisaití: communitylaw.org.nz ‘Oku ‘oatu ‘e he Sands ha tokoni ma‘á e ngaahi mātu‘a ‘oku nau tengihia hili ha fā‘ele mate pe pekia ‘a...