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1. Hamblyn v Auckland City Council [pdf, 53 KB]

   ...the deck he would have sought an assurance from the builder that the bearer met the requirements of NZS3604. Mr Barr argues that this assurance would have been given. However such an assurance would not have been accurate and the obvious flaw in this argument is that it is premised on the “reasonable builder” being dishonest. It is clearly inconsistent to argue that a Council inspector is entitled to rely on the hypothetical builder being simultaneously competent and...

2. Alves v Accident Compensation Corporation (Personal Injury) [2022] NZACC 215 [pdf, 206 KB]

   ...information did not contain objective evidence of acute shoulder tendon tearing, and that Mr Alves had had chronic right shoulder acromial impingement for a long time and his ACC-covered accidents had stirred up his right shoulder symptoms. Relevant law [34] 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 substantial...

3. KC v Accident Compensation Corporation (Treatment Injury) [2022] NZACC 224 [pdf, 222 KB]

   ...replied to that letter on 3 September 2019 as follows: Thank you for your letter. I have come to ACC as there seems to be something wrong with the justice/legal system in the last six years, whereby I have been treated in an unjust manner. Even my lawyers who represented me have not acted in my best interest. Thus, I will not be taking these matters anywhere else. ACC and ICRA are the only places I would work with prior to taking this to a higher level. Thank you kindly. [14] S...

4. Herewini - Te Tii Mangonui A3 [2020] Maori Appellate Court MB 54 (2020 APPEAL 54) [pdf, 238 KB]

   ...Appearances K Dixon and A Castle for the appellants Whakataunga: Judgment date 28 February 2020 TE WHAKATAUNGA Ā TE KOOTI Reserved Judgment of the Court Copies to: Kelly Dixon, Dixon & Co Lawyers, P O Box 11359, Ellerslie, Auckland 1542, kelly@dixonandcolawyers.com 2020 Māori Appellate Court MB 55 Hei tīmatanga korero - Introduction [1] Rapine and Rangimarie Herewini built a house on the Te Tii Mangonui A3 block...

5. [2020] NZEmpC 199 Canterbury Westland Kindergarten Assoc Inc v Barnes [pdf, 297 KB]

   ...and “shall” recognise at least the minimum entitlements provided for under statute. [14] It is true, as Ms Russell for the Secretary for Education says, that the word “may” has been extensively analysed in terms of its use in statute law and it is, in that context, generally regarded as permissive although accepting that on occasion it has been interpreted as meaning “must”.6 The key point in this case is not how Parliament utilises the word, but how it has been used...

6. Ngāi Tahu Ki Murihiku - EiC - D Whaanga - Culture (5 Feb 2021) [PDF, 440 KB]

   ...the means to return safely. 25. Lower down the river system around the Beaumont bridge is a nohoanga site, Te Kōwhai, named after the kōhwai tree and included in the Ngāi Tahu Settlement as a nohoanga entitlement. Temporary encampment is a lawfully allowed activity on the associated Crown land as a result of the entitlement. There are additional nohoanga entitlements associated with Te Mata-au at Whakatipu-wai-māori, Kimiākau (Shotover River), Wānaka, Hāwea, upper Mata- a...

7. Greaterex v Preston [pdf, 41 KB]

   ...memorandum dated 4 June 2009 responding to the claim of a conflict of interest. Mr Bierre has provided full details of the very limited contact his firm has had with Mr Tim Preston and rejected the contention that there has been any breach of the lawyers: Conduct and Client Care Rules 2008 (SR 2008/214). Page 16 [54] In my view there is no merit to the allegation by Mr Tim Preston of a conflict of interest. It is thus not necessary for me to determine the effect of any c...

8. [2023] NZEmpC 225 A Labour Inspector of the Ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant [pdf, 302 KB]

   ...relevant to an assessment of such compensation include:6 (a) the impact of the breaches on the individual concerned; (b) the extent to which the impact may have been lessened by remedial efforts made by the person in breach; and (c) the case law on compensation awards under s 123(1)(c)(i) of the Employment Relations Act 2000 (the Act). [9] Each of the employees gave credible evidence of the stress they felt while working for the defendants. Some described themselves as feeling �€...

9. FINAL CE Gifts Benefits Expenses Disclosure Workbook 1 July 2019 to 30 June 2020 [xlsx, 2.7 MB]

   ...(e.g. taxi, parking, bus) Location(s) 3 December 2019 $11.80 Visit to district office taxi Aitken Street to Customhouse Quay 11 December 2019 $10.80 Attend meeting at Supreme Court taxi Tory Street to Supreme Court 29 January 2020 $42.00 Visiting Law Commission taxi Karori, Wellington 15 March 2020 $38.43 Urgent meeting with senior leadership team taxi Wellington Subtotal - local travel $103.03 Check - there are no hidden rows with data Check - each entry provides sufficient informati...

10. Cameron - Lot 1 Deposited Plan 15331 (part claim 61) (2019) 54 Te Waipounamu MB 130 (54 TWP 130) [pdf, 320 KB]

    ...UNDER Section 239, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Lot 1 Deposited Plan 15331 (part Claim 61), Lot 1 and Lot 3-5 Deposited Plan 8310 (part Claim 61) and Lot 2 Deposited Plan 15331 (part Claim 61) BY LAWRENCE THOMAS CAMERON Applicant Hearing: 27 July 2018, 53 Te Waipounamu MB 31-48 27 July 2017, 46 Te Waipounamu MB 118-126 (Heard at Invercargill) Judgment: 15 April 2019 JUDGMENT OF JUDGE S F REEVES