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1. [2021] NZACC 74 - Brown v ACC (17 May 2021) [pdf, 350 KB]

   ...causally related to any single episode of trauma or any combination of episodes. I do not agree. Including because there is no explanation of what it was on the imaging that showed there was longstanding gradual onset disc degeneration. [101] From my reading of Mr Hoffman’s various letters and reports, he agrees there were degenerative changes at L5/S1 by 2018 but not prior to that. The x-ray reports and the MRI scan support this view. [102] There are a number of stat...

2. [2008] NZEmpC AC 49/08 Clear v Waikato DHB [pdf, 109 KB]

   ...requests for information was that at the time Ms Clear’s solicitor was dealing with Ms Cotterall over the mediation. He accepted that it would have been better for him to respond directly to Ms Clear rather than relying on her lawyer to do so. [101] As a result of Mr Peploe’s enquiries the DHB decided it did not believe Ms Clear’s allegations of bullying against Mrs Parata were justified and the board’s focus shifted to attempting to find an acceptable solution to allow Ms C...

3. [2015] NZEmpC 198 Ritchies Transport Holdings Limited v Merennage [pdf, 297 KB]

   ...namely dismissal? And if more compelling evidence is required to support an allegation of sexual assault, how does that fit with an employer (such as Ritchies) operating in a safety-sensitive industry transporting vulnerable passengers? [101] In Whanganui College Board of Trustees v Lewis 16 the Court of Appeal made the point that the employer’s process is distinct from the enquiry that the Court must subsequently undertake. No standard of proof (flexible or otherwise...

4. Territorial Authorities - EiC - T B Heller - Hydrology (3 Feb 2021) [pdf, 814 KB]

   ...20th percentile from that dataset. Severely reduces peak volume of take in 9 out of 12 years, with a peak average deficit per day during 2018/19 for 161 days of 430 m3/day or a total of 69,230 m3. Monthly volume Reduces from consented volume of 101,088 m3/month (by extrapolation) to 56,735 m3/month. Actual maximum volume used was 86,396 m3/month over the period of water metering (100th percentile), whilst 56,735 m3/month from PC7 equates to the 49th percentile from that dataset...

5. [2020] NZEnvC 189 Weston Lea Limited v Hamilton City Council [pdf, 10 MB]

   ...access and provides more than adequate room for storage of machinery equipment and materials and already has within it several sheds and yard areas. The northern end is also the most likely area to be first developed on the North Eastern Terrace. [101] Similarly, for areas to the South, the Road access E2 and E3 would be unaffected by this constraint as well as the areas further to the South. The additional two areas that would probably be subject to specific need for management pla...

6. CAC402 v Dunham [2016] NZREADT 26 [pdf, 248 KB]

   ...questions, asking for the plans, or approaching Mr Keate. Additionally he should have realised that, given the district plan permitted buildings up to 9 metres across the road, that they could not assume any given view would remain for them to enjoy. [101] Mr Hunt observes that there is an issue about the timing of disclosure made by Mrs Dunham (of the proposed building work by Mr Keate). She says it was made on both 25 and 31 August 2013. The Ogilvys say it was 31 August only. It is...

7. Whooley - Ngaiotonga 1B1 and 2B1 and Lots 1 - 2, and 3 DP383105 (2014) 71 Taitokerau MB 38 (71 TTK 38) [pdf, 1.1 MB]

   ...0.916 Georgina David 0.917 Graham David 0.916 Joe David 0.917 John Reti 5.5 Joseph Edmonds 0.063 Maryanne Horne 0.917 Owners represented by Te Tuhi Rewiri and Laura Ashby-Reti: Wiremu and Ngaurupa Rewiri Whānau Trust 0.10125 Hilda Hati on behalf of Weera Irimana 0.252 Total: 10.56225 [21] In summary, approximately 25 owners holding about 114 shares support the application while approximately 10 owners holding about 11 shares oppose the application....

8. [2016] NZEmpC 111 MUNZ v The China Navigation Co Pte Ltd [pdf, 505 KB]

   ...and they take up duties on the MV Aotearoa Chief. The exact date of this changeover is not clear but what can be said with certainty is that it has not yet occurred and will not do so for several weeks, if not a month or so at least. [101] It follows, therefore, that China Navigation’s stance in this dispute is not a lockout (let alone an unlawful lockout) and cannot be restrained. It follows that the plaintiffs’ application must be and is refused. Pre-work collective...

9. Kennedy v Scanner Investments Ltd [pdf, 169 KB]

   ...Owners. This negligence has led to water penetration and damage, to the extent that it is liable to the Owners for: Leak area 7 $ 2,897.40 Leak areas 9 and 10 9,008.69 $ 11,906.09 10. CALLY CONSTRUCTION LTD 10.1 The Owners are claiming that Cally was the main builder of the three townhouses that were built on this property in 1995-96. The existence of a duty of care between builders and subsequent purchasers has been clearly established in...

10. [2013] NZEmpC 202 Hallwright v Forsyth Barr Ltd [pdf, 236 KB]

    ...between the two of them and describing Mr Paviour-Smith in an email to another employee in pejorative terms (“Hi Mate. Not necessarily the end of the story. And you are not getting the real one from [Mr Paviour-Smith]. He is slippery”). [101] It would be necessary for a relationship of trust and confidence to exist between Mr Paviour-Smith (as managing director) and Mr Hallwright, given the nature of their respective positions. While it was effectively put to Mr Pa...