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1. Tsirakoff v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 148 [pdf, 331 KB]

   ...that Ms Tsirakoff does not have cover for a disc injury, nor is there clear evidence that she suffered disc injury in 1990. [97] I accept the submission of Ms Becroft that the premise upon which Dr Walls' report is based, therefore appears flawed. That flaw permeates the balance of his report. Dr Walls presupposes causation when he notes the lumbar fusion that Ms Tsirakoff underwent in June 2014. It is not clear whether he knew the Corporation did not accept liability to fun...

2. Body Corporate 81738 v Wellington City Council [2010] NZWHT Wellington 15 [pdf, 205 KB]

   ...claimants’ counsel advised that the terms of the settlement were identical to those considered by Randerson J in Petrou v Weathertight Homes Resolution Service1 where His Honour held at [27] and [28] that rights of subrogation vested by operation of law. In other words, the Council stands in the equivalent position to 5 that of an insurer. This is the way this claim has proceeded before this Tribunal. [7] Prior to the commencement of this hearing, there was a fu...

3. Sexual violence attrition and progression report [pdf, 762 KB]

   ...reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information. Contents Summary ........................................................

4. [2012] NZEmpC 47 TLNZ Auckland Ltd and C3 Ltd v Maritime Union of NZ and Parsloe & Ors and Jennings & 21 ors [pdf, 202 KB]

   ...justify the exercise of the discretion may be required. Strongly arguable case [34] There was no issue between the parties that if the refusal of the third defendants to load the blacklisted containers amounted to a strike, it would be an unlawful strike, as no notice in an essential industry had been given and it did not relate to bargaining for a collective agreement that would bind C3’s employees. [35] Mr Chemis contended that the refusal constituted a strike as defined in...

5. MOJ0504-Making-parenting-arrangements-workbook-te-reo-Maori.pdf [pdf, 2.8 MB]

   ...Te Tāhū o te Ture i 0800 224 733 Me kōrero ki tētahi rōia He pai tonu pea te rapu tohutohu mai i tētahi rōia. Mēnā kāore koe i te mōhio mēnā ka ea i a koe tētahi rōia, he pai tonu te kōrero atu ki tētahi tangata kei tō Community Law Centre. Ka taea anō pea e koe he āwhina mai i Te Ratonga Tohutohu Ture Whānau, e taea e koe te hui me tētahi rōia i te wāhanga tuatahi o tētahi whakahēnga tiaki tamariki. Matawaitia ahau mā tō kāmera waea Matawaitia ahau mā tō...

6. [2006] NZEmpC AC 72/06 Williams v Kimberleys Fashions Ltd [pdf, 85 KB]

   ...real source of the initiative for termination is the employer, or the basic causation comes from the employer, then the case is one of constructive dismissal. We appreciate that the concept of causation has caused difficulties in some branches of the law. However, we think it has some utility here, particularly since for years the Court has been applying principles of apportionment of loss having regard to the employee's share in the responsibility for the loss. In that respect the C...

7. CAC 403 v Tucker [2016] NZREADT 65 [pdf, 300 KB]

   ...REAL ESTATE AGENTS AUTHORITY( CAC 403) Respondent Hearing: 22-24 August 2016 (at Auckland) Tribunal: Hon P J Andrews, Chairperson Mr G Denley, Member Ms C Sandelin, Member Appearances: Mr M Hodge and Ms K Lawson-Bradshaw, on behalf of the Authority Mr G Tucker, in person Date of Decision: 27 September 2016 ____________________________________________________________________ DECISION OF THE TRIBUNAL ________________________...

8. Barnes v Adlam – Matata Parish 39A 2A Ahu Whenua Trust (2015) 127 Waiariki MB 184 (127 WAR 184) [pdf, 291 KB]

   ...LESLEY DRAWBRIDGE as trustees of the Matata 39A2A Trust Applicants AND RAE BEVERLEY ADLAM First Respondent AND HELEN MARIA SAVAGE and RAELYN ARIHIA PEITA as trustees of the Otonga Whānau Trust Second Respondents AND LAWRENCE TE AOKAHARI NIAO Third Respondent Hearing: 107 Waiariki MB 1 dated 2 April 2015 125 Waiariki MB 184 dated 5 August 2015 (Heard at Rotorua ) Appearances: Mr D Dowthwaite, for the trustees of Matata 39A 2A Trust M...

9. McCarthy - Estate of Huia Maria McCarthy (2014) 88 Taitokerau MB 115 (88 TTK 115) [pdf, 532 KB]

   ...telephone and confirmed that she would share in the Aotea land interests. It was also accepted that Sam's life interests would only apply to the absolute interests that Huia McCarthy held and not her life interests - which had to be the case at law. Accordingly, the agreed outcome was that: • 9 75 Taitokerau MB 272 (75 TTK 272). 81 Taitokerau MB 136 (81 TTK 136). (a) (b) ,~-'~')"".: \. . :', .: ;:?-';.~'~;"':' '...

10. [2019] NZEnvC 153 Selwyn Quarries Limited v Canterbury Regional Council [pdf, 4.7 MB]

    ...together with draft consent orders attaching proposed conditions of consent. [2] Unusually, the application for orders by consent has been sought even though not all parties to the appeal are agreeable to resolving the appeal on this basis.3 The law [3] An Environment Judge may, pursuant to s 279(1 )(b) of the Resource Management Act 1991 ("the Act" or "the RMA"), make any order that is not opposed. Given the subject matter of the application for consent orders...