Search Results

1. [2022] NZACC 103 - Renton v ACC (31 May 2022) [pdf, 259 KB]

   ...nothing in the review decision about it. 6 [21] On 28 September 2021, an appeal hearing was held before Judge McGuire. At the hearing, counsel for the Corporation submitted that Mr Renton’s attempt to pursue a second claim should not be permitted on three grounds, namely, res judicata, issue estoppel and abuse of process. Counsel submitted that to permit Mr Renton’s treatment injury claim to proceed would require the very same factual territory as was exhaustibly surveyed...

2. [2019] NZEnvC 107 Tonea Investments NZ Limited and Studio New Zealand Limited v Auckland Council [pdf, 16 MB]

   ...new application to the Council dated 16 May 2019 for resource consent to construct and operate a film studio on the Porchester Road site. This application has been made relying on the Environment Court's declaration that film production is a permitted activity in the industrial zones. [18] Counsel for Alpha submits that the new application for resource consent has potentially significant implications in relation to Alpha's judicial review proceedings and he submitted that...

3. Employment Court Practice Directions [pdf, 492 KB]

   ...from the list of courts excluded from the application of the Electronic Transactions Act 2002, there is still some doubt about whether the Employment Court Regulations 2000 requiring pleadings and other documents to be filed in paper form will permit the filing only of electronic versions of these. In due course, it is expected that there will be express statutory provision for the electronic filing of documents. Until then, many parties will continue to file electronically, even if...

4. Land-Transport-Drug-Driving-Amendment-Bill.pdf [pdf, 358 KB]

   ...blood test. 4 WELLINGTON, NEW ZEALAND Published by Order of the House of Representatives – 2024 test or a fluid sample sufficient for laboratory analysis where required (new section 72(1)(f)). 22. If a person fails or refuses to permit an enforcement officer to take a blood specimen from them under new section 72(1)(f), the Bill enables the officer to exercise all or any of the powers under section 121(2) of the principal Act, which include forbidding that person from dr...

5. Duty Lawyer Policy v-2.14.pdf [pdf, 303 KB]

   ...the Grants Handbook • for a Provider Approval Level 3 or 4 case, the defendant is able to choose their own lawyer. If the defendant does not have a genuine preferred lawyer one will be assigned by the Legal Aid office. Duty lawyers are not permitted to ask a person if they can be that person’s preferred lawyer. Similarly, they are not permitted to nominate or recommend any other lawyer (or firm/chambers) as the preferred lawyer. If a defendant specifically requests the duty l...

6. Stryder v Accident Compensation Corporation (Interest on backdated weekly compensation) [2024] NZACC 124 (24 July 2024) [pdf, 184 KB]

   ...Stryder v Accident Compensation Corporation [2021] NZACC 7, at [98]. 4 [16] On 2 May 2022, a Reviewer considered Mr Stryder’s review applications (as noted in paragraph [13] above). Mr Stryder’s submitted (inter alia) that the Corporation permitted an unreasonable delay in: correctly calculating his weekly net abatement and weekly net entitlement; paying the backdated interest on the $134,344 gross amount; and not correctly calculating his weekly net abatement and net enti...

7. [2019] NZEmpC 130 Packwood v ANZ Bank New Zealand Ltd [pdf, 494 KB]

   ...application seeking a strike out order on the grounds that the parties had reached a full and final settlement, that any attempt to relitigate the matter would be frivolous and vexatious and would constitute an abuse of the Court’s process were it to permit Ms Packwood to continue with her proceeding; that she was estopped from bringing the challenge; and that there was no duress. Non-publication [8] ANZ applied for a non-publication order on several alternative bases. Its pri...

8. Auckland Standards Committee 3 v Ms W [2023] NZLCDT 35 (17 August 2023) [pdf, 214 KB]

   ...suppression [24] The Tribunal prefers to work within a climate of open justice. It encourages the community to have confidence in our regulatory work if practitioner names are routinely published. Nevertheless, s 240 Lawyers and Conveyancers Act 2006 permits us to order non-publication where we are “of the opinion that it is proper to do so.” [25] In this case, it would be inappropriate to publish the detail of the practitioner’s medical and stress-related matters. She is...

9. [2011] NZEmpC 33 Tertiary Education Union v Western Institute of Technology [pdf, 116 KB]

   ...confirmation of any bargaining for a multi-party collective agreement, no bargaining can continue unless and until re-initiated. [37] We think this construction also gives effect to the object of orderly bargaining in s 31(d). If the parties were permitted to continue bargaining for an outcome other than a single collective agreement with all of the defendants, any permissible agreement would involve fewer than all of the parties. As Mr Cranney pointed out, that would mean the...

10. [2011] NZEmpC 32 New Zealand Meat Workers Union of Aotearoa Inc v AFFCO NZ Ltd [pdf, 139 KB]

    ...order of lay-offs and re-employment only as between union members covered by the collective agreement. [15] The defendant also argues that its action in laying off employees with seniority while retaining newer employees engaged under IEAs is permitted under cl 30.c) of the collective agreement which permits the company to retain individuals out of seniority order to meet departmental needs. [16] The plaintiff does not dispute that the collective agreement applies only to unio...