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1. Beker v Accident Compensation Corporation Costs on Review and Weekly Compensation [2023] NZACC 12 [pdf, 272 KB]

   ...made a reassessment under s 109 and Mr Beker does not suggest that it should have done. [32] In conclusion, Mr Gascoigne refers to Henderson v Henderson3 and submits that res judicata applies in this case and there are no special circumstances permitting an exception to the doctrine in this case. Decision [68] In this case, the appellant claims that his entitlement to weekly compensation should have continued until his retirement in October 2017 and not be ended on 19 January 20...

2. [2018] NZEmpC 47 New Zealand Nurses Organisation v Waikato District Health Board [pdf, 366 KB]

   ...provision governing that event, namely the provision of a resignation gratuity worth 50 per cent of the value of the full gratuity. This provision would have been meaningless if the words “retiring from the organisation” were construed to permit employees leaving their employment with the WDHB but continuing to work elsewhere. [51] WDHB and CRTAS also argue that the removal of the resignation gratuity in 1994 from the subsequent collective employment agreement does not reveal...

3. Booth v Herlihy - Waikoukoutauanui 6B 6C and 6DB [2020] Chief Judges MB 632 (2020 CJ 632) [pdf, 327 KB]

   ...Māori Affairs Act 1953 (‘the 1953 Act’) to constitute a Trust, the primary object of which was to sell undivided land interests to William Henry Mawson an error? [19] With respect to this question, essentially Ms Batt contended that s 438(1A) permitted the Court to constitute a trust to facilitate the alienation of any interest in the land. However, s 213 of the 1953 Act restricted a vesting order for the transfer of interests to ‘a Maori or to the descendant of a Maori, or...

4. 2021-04-23 TAs - MOC - submissions [pdf, 323 KB]

   ...the external context of related legislation, regulations, policies and standards. 5. Where the text and purpose do not align and the purpose is clear, any faults in drafting must not be allowed to obstruct that purpose. Some elaboration is permitted to fill gaps provided that it is consistent with the legislative scheme.1 However, where the text is clear it cannot be given a meaning it is incapable of bearing.2 1 Central Plains Water Trust v Ngai Tahu Properties [2008] NZRMA...

5. Environment Court Topic Structure (with pathway comments) -4.11-2.xlsx [xlsx, 24 KB]

   ...Housing New Zealand Knox Home Trust Board Housing New Zealand Vernon, K ENV-2016-AKL-000243 Vernon, K [67]-[74] Housing New Zealand Ryman Healthcare Ltd Retirement Villages Association of New Zealand ENV-2016-304-000067 PAUP-059/063 Residential –Permitted Threshold H3.?.? H4.4.1(A3-A4, A33); H4.5; H4.8.1(2)-(5); H4.8.2(2)(3)(15)(16); H5.4.1(A3-A4, A34); H5.5; H5.8.1(2)-(5); H5.8.2(2)(3)(15)(16) ENV-2016-AKL-000197 Adams, Robert All Housing New Zealand Vernon, K [4 in total] Can progr...

6. LCRO 39/2019 Yuri Lukas v BW and CV (29 November 2019) [pdf, 151 KB]

   ...to communicate with her. He also asserts that he communicated with Mr BW by telephone and skype as well as by email and that the Committee did not take these communications into account. [45] Mr Lukas relies heavily on his view that he was not permitted to communicate with Dr CV for reasons of privacy. He says that Dr CV was not applying for a visa as “New Zealand citizens do not need permanent residents visas to stay in New Zealand”.26 [46] He says that Mr BW and Dr CV “...

7. LCRO 87/2019 G OR v F HM (10 July 2020) [pdf, 259 KB]

   ...information, or “cause any use to be made” of the information “by others otherwise than for” the client’s, or former client’s “benefit”.17 11 Section 4(c) and (d) of the Act. 12 Required and permitted exceptions are set out in rr 8.2 and 8.4 of the Rules respectively. 13 Black v Taylor [1993] 3 NZLR 403 (CA) at 407 and 408. Such information has been described as the “getting to know you principle”, that is, information...

8. Waata v Namana - Hurunuiorangi X3 (2023) 102 Tākitimu MB 263 (103 TKT 263) [pdf, 322 KB]

   ...removal and inviting them to tender to their resignation or discuss this matter 102 Tākitimu MB 268 at a meeting with the other responsible trustees on Sunday 2 October. The letter goes on to state that: …no lawyers will be present or permitted just the other responsible trustees to discuss this matter in a closed forum, feel free to bring along one support person to the meeting. The letter concluded by saying that the trustees were making a special effort to convene...

9. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...He followed this up with an email on 1 May 2018 setting out a number of questions she should ask the lawyer. This included whether the arrangement was allowed under employment law, given the visa was employer specific, and also whether she was permitted to go to the store to gather information or to do the work. [28] On 7 May 2018, Mr Mercado responded to the visa officer’s letter of 20 April 2018. He said that DEFL traded as the [named] café and ABCL as the [named] store. The...

10. AODT Operational Policy - DELETE [pdf, 271 KB]

    ...to discuss arrangements. The team leader will take responsibility for matters during absences. • An AODT Court lawyer who has recurrent or ongoing scheduling conflicts will be removed from the AODT Court roster. • AODT Court lawyers are not permitted to swap their rostered sessions with other lawyers including other AODT Court lawyers. Any changes must be discussed with and managed via the team leader. • If required and if called upon to do so by the team leader, any AODT Court...