Search Results

1. [2007] NZEmpC AC 46/07 Eurera-Morrison v New Zealand Post Ltd [pdf, 94 KB]

   ...come to a conclusion until he had received an email from Mr Blair as to why the defendant should not terminate the plaintiff’s employment. The material described as a “Submission” from Mr Blair attacked the investigation process as deeply flawed and unfair and claimed her responses should not be admitted into evidence against her. It was also submitted that no substantive act of dishonesty had been proven beyond reasonable doubt against the plaintiff and, at most, she may ha...

2. Langdon v ACC [2014] NZACA 9 [pdf, 71 KB]

   ...pointed to Mr Langdon training to be a skipper, not a deckhand, and the question was simply one of motivation – was he doing it because he wanted to, or for that particular boat with the intention of working on it as a skipper for the future? The law recognises that a person may come under both sections and s 62 applies if that would give a higher rate. [43] Mr Evan’s initial submissions were framed on the understanding that there was no proof that Mr Langdon had obtained his s...

3. [2024] NZEmpC 28 Keighran v Kensington Tavern Ltd [pdf, 250 KB]

   ...proposition.20 As was recently pointed out in Robinson, both Allen and the Court’s subsequent judgment in Radius Residential Care Ltd v McLeay21 now need to be read in light of more recent judgments of the Court, and do not (in my view) reflect the law as it presently stands.22 As was observed in Maddigan v Director-General of Conservation:23 It is well established that in ordinary breach of contract cases a plaintiff is under no duty to mitigate their losses. No positive duty e...

4. Dooney v Accident Compensation Corporation (Personal Injury) [2022] NZACC 237 [pdf, 253 KB]

   ...and bilateral leg pain and discomfort, and triggered her symptoms, but those 10 accidents did not cause the pre-existing changes seen on her imaging, including her L5/S1 degenerated lumbar disc which slowly got worse over time. Relevant law [42] 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 a...

5. [2024] NZEnvC 266 McCallum Bros Limited v Auckland Council [pdf, 373 KB]

   ...McCallum Bros Limited v Auckland Council [2024] NZEnvC 75. 7 McCallum Bros Limited v Auckland Council [2024] NZEnvC 72. 4 K Prime, and R Howie as Special Advisor. In general, questions of costs are dealt with by the judge involved as matters of law. On this occasion, Judge Warren and Judge Smith have conferred on the question of costs and issue a joint decision by consensus. Applications for costs [11] Any applications for costs were originally to be filed with within 40 da...

6. McLeod v C Yap [2013] NZIACDT 19 (28 March 2013) [pdf, 177 KB]

   ...[30] Clause 1 of the Code of Conduct requires: [30.1] A licensed immigration adviser to act with professionalism. In doing so, they must ensure that the terms of professional engagements are fair and appropriate. [30.2] They must carry out the lawful informed instructions of clients. [30.3] The client engagement be established on terms set out in writing, and accepted in writing; and only after providing a copy of the Code to the client. [30.4] That a licensed immigration adviser dis...

7. CAC 20005 v McGowan [2014] NZREADT 92 [pdf, 74 KB]

   ...the ordinary meaning of the word disgraceful make it clear that the test of disgraceful conduct is an objective one for this Tribunal to assess. See Blake v The PCC [1997] 1 NZLR 71. [57] The ‘reasonable person’ is a legal fiction of common law representing an objective standard against which individual conduct can be measured but under s 73(a) that reasonable person is qualified to be an agent of good standing or a member of the public. [58] So while the reasonable person is a m...

8. [2021] NZEnvC 183 Clutha District Council v Vreugdenhil Family Trust Partnership [pdf, 358 KB]

   ...road has been incorporated into his farm. He gave evidence of the problems encountered with the Kellys’ use of the road, including gates across the road being left open so that his stock can wander onto the road, cars driven at speed, and unlawful entry by Mr Kelly and other members of the public into the sheds on the Vreugdenhil land that opens out on to the road. [62] Mr Vreugdenhil challenged whether any of the other objectors had ever had occasion to use the paper road, in...

9. Chief Coroners Annual Report 2018-2019 [pdf, 1.6 MB]

   ...to make his finding as a hearing on papers and concluded the inquiry in 2011. In September 2016, Dr Gravatt (Zachary’s father) received an anonymous, unsigned typewritten letter dated 29 August 2016. Dr Gravatt sent the letter to the Crown Law Office and asked the Solicitor-General to order a new Inquiry under s 97 of the Coroners Act 2006. The requirement for the discovery of new facts relating to the circumstances of Zachary’s death was satisfied, and a second inquiry was or...

10. W v EQC [2021] CEIT-2019-0007 [pdf, 820 KB]

    ...EQC’s cash offer had been made and communicated to EQC by the time the case management conference concluded at 11.38 a.m.; and (g) the W’s left the case management conference with Mr P to discuss the terms of the Settlement Agreement with a lawyer from Community Law Agency [20] The relief sought by the W’s, however, would only be available if Mr P had been acting as EQC’s agent, which he patently was not: (a) Mr P’s email address reveals that he is employed by the Gre...