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1. Rapatini v Accident Compensation Corporation (Personal injury Deemed Decision) [pdf, 220 KB]

   ...Corporation wrote to Ms Rapatini inviting her to provide any further information and advising that the next step would be for the Corporation to organise a medical case review to investigate her work-related gradual process injury claim. Relevant law [31] 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 b...

2. Regeling - Orokawa 3B Residue (2008) 127 Whangarei MB 169 (127 WH 169) [pdf, 2.6 MB]

   ...whether there is sufficient SUppOlt for the paltition. [15] Following the COlllt sitting Jim ShOltland sent a letter to the COUlt on behalf of the ShOltland, Povey and Timoti whanau as descendants of Maihemo Pene Kingi to oppose paltition. The Law [16] Applications for pattition of Maori freehold land are governed by Palt 14 of the Act. The COlllt'S approach is summarised in Hammond - Whangawehi lB3Hl 34 Gisbome Appellate MB 185 as follows: "[15] The Court has exclusiv...

3. BZ v FI LCRO 245/2013 (5 April 2016) [pdf, 67 KB]

   LCRO 245/2013 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the Standards Committee BETWEEN MR AND MRS BZ Applicants AND FI Respondent The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] Mr and Mrs BZ have applied for a review of a decision of the Standards Committee in which the Committee d

4. [2010] NZEmpC 123 Burtton & Browne v Talley's Group Ltd [pdf, 52 KB]

   ...vessel’s crew for the imminent voyage and was required subsequently to attend a further interview with company representatives. His suspension was without pay. [5] At his separate initial interview, Mr Burtton also denied any knowledge of unlawful drugs on the vessel and any personal involvement in unlawful drug use. At a subsequent interview after he too had been suspended or stood down without pay from vessel’s crew, Mr Burtton was asked whether he had made a telep...

5. [2010] NZEmpC 152 Smith v Life To The Max Horowhenua Trust [pdf, 52 KB]

   ...attend a disciplinary meeting on 1 May 2009 at 9.30am before attending an organised mediation that was set to take place between the parties on the same day in Palmerston North. The Trust decided that Ms Smith breached a reasonable and lawful instruction when she did not attend the disciplinary meeting, whereas Ms Smith considered the request was unreasonable. Ms Smith did not attend the disciplinary meeting. After the mediation members of the Trust arrived at Ms Smith’s...

6. [2019] NZEnvC 187 Van Tiel v Waikato District Council [pdf, 781 KB]

   ...a consent, which is still subject to appeal, 4 provided those parts of the consent that commence do not go to the core of the matter to be determined by the Court. 5 Analysis [13] In support of its application, MPL referred the Court to case law including GRD Macraes Ltd v Otago Regional Council. 6 GRD Macraes Ltd was granted resource consents and permits for the alteration and expansion of an existing waste rock stack, except as they related to one area. The northern face consent...

7. [2018] NZEmpC 9 Lyttelton Port Co Ltd v Arthurs [pdf, 297 KB]

   ...4 Lal v The Warehouse Ltd [2017] NZEmpC 66 at [30]-[36]. 5 Idea Services Ltd v Crozier [2017] NZEmpC 77 at [113]-[118]. ... The interests of both parties, employer and employee, must be balanced ... The law is that after a fair investigation, an employer may dismiss an employee justifiably where its reasonable needs cannot be met by an employee who is not fit and able to perform the work required and is not in a position to be able to do so w

8. Ruka - Horahora 1A3B (2008) 127 Whangarei MB 152 (127 WH 152) [pdf, 397 KB]

   ...favour of pmtition but did not explain why he thought it was necessary. 127 Whangarei MB 158 [26] Veronica Stacey spoke in favour of pmtition and described it as being more flexible. [27] James Kopa spoke in favour of occupation orders. The Law [28] Applications for pattition of Maori fi'eehold land are governed by Pmt 14 of the Act. The COutt's approach is summarised in Hamll/ond - Plhangawehi lB3H 1 34 Gisbol11e Appellate MB 185 as follows: "[IS] The Court...

9. FB Ltd v HE & QE [2023] NZDT 676 (6 December 2023) [pdf, 172 KB]

   ...like for like to mean the new joinery will be the same as the old, but that is not possible nor what was contracted for. For these doors to be like for like in HE and QE’s interpretation, they would be old timber single glazed units. 36. The law of contract applies. If there are verbal agreements that are contrary to the written agreement, the written agreement prevails as it is proven in writing and not subject to differing recollections or interpretations. 37. Further, FB Ltd...

10. C Ltd & D Ltd v TR [2023] NZDT 464 (22 August 2023) [pdf, 237 KB]

    ...contract in October 2021, rather than ‘[Pool Colour Design 1]’ is in no way sufficient notice to TR that there has been a fundamental change in the nature of what is going to be provided under the contract. It is a basic principle of contract law that any significant terms or changes to terms from an existing contract must be explicitly pointed out. In this case, it would be easy for a customer to assume, if they noticed the difference in name at all, that [Pool Colour Design 2] was an...