Search Results

1. [2023] NZEmpC 162 Birthing Centre Ltd v Matsas [pdf, 445 KB]

   ...of s 4(4)(d) of the Act does not include a consultant’s proposal or recommendation for an employer to consider but, if adopted or pursued by the employing Council, is a proposal for the purposes of that section. [63] The case proceeded on appeal before a full Court of the Court of Appeal. The appeal was allowed, but the status of the consultant’s report was not in issue.63 [64] Speaking generally as regards the obligation of good faith, the Court of Appeal said this regardin...

2. [2009] NZEmpC WC 6/09 Jesudhass v Just Hotel Ltd [pdf, 83 KB]

   ...Defendant Judgment: 9 April 2009 JUDGMENT OF JUDGE B S TRAVIS [1] Almost 4 years since his dismissal, and after a full Court decision allowing him to call evidence of being dismissed in the course of a mediation1, and a successful appeal to the Court of Appeal by the defendant preventing that evidence from being led2, the plaintiff’s personal grievances have finally been heard on the merits. The plaintiff’s grievances were removed for hearing to the Employment Cou...

3. Whare v Trustees of Pukerewa A Trust - Pukerewa A (2015) 95 Waikato Maniapoto MB 105 (95 WMN 105) [pdf, 252 KB]

   ...as a trustee. (2) The court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [22] In Clarke v Karaitiana the Court of Appeal commented on the extent of the Court’s powers under s 238 of the Act: 15 …Apart from the inherent jurisdiction enjoyed by the High Court and conferred on the Mäori Land Court by s 237, the Mäori Land Court has wide supervisory...

4. Burrows & Anor v CAC20002 & Ors [2015] NZREADT 17 [pdf, 248 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 17 READT 001/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN RICHARD AND JILL BURROWS Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC 20002) First respondent AND RAEWYN PATERSON and DENNIS CORBETT Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Ms N Dangen - Member HEARD at WHANGAREI on...

5. [2019] NZEnvC 042 Alliance Group Limited v Otago Regional Council [pdf, 451 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 42 of the Resource Management Act 1991 of appeals pursuant to clause 14 of the First Schedule to the Act ALLIANCE GROUP LlMTIED (ENV-2016-CHC-112) and other appeals listed in the schedule on the last page Appellants OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson Hearing: In Chambers at Christchurch Date of Decision: 1...

6. LCRO 98/2018 and 201/2018 HK v CN (22 May 2019) [pdf, 238 KB]

   ...scope of review [57] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

7. [2021] NZACC 124- Singh v ACC (4 August 2021) [pdf, 355 KB]

   TIN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 124 ACR 134/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN GURVINDER SINGH Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 18 June 2021 Heard at: Wellington/Whanganui-A-Tara Appearances: Ms A Brown for the appellant Mr J Cole for the respondent Judgment: 4...

8. Needham v Accident Compensation Corporation (Cover for Occupational Noise-induced Hearing Loss) [2024] NZACC 133 (5 August 2024) [pdf, 314 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 133 ACAR 042/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN HOWARD NEEDHAM Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 10 July 2024 Heard at: Dunedin/Ōtepoti Suplementary Submission Received: 25 July 2024 Appearances: Mrs C Needham represented her husband...

9. Mehrtens v Accident Compensation Corporation (Revocation, Suspension) [2023] NZACC 8 [pdf, 287 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 80 ACR 178/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ROBYN MEHRTENS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 4 April 2023 Heard at: Christchurch/Ōtautahi Appearances: Mr S Macann for the Appellant Mr J Coats and Ms A Lane for the Respondent Judgment:...

10. Proactive release – Additional name suppression proposals for the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill [pdf, 518 KB]

    ...open justice 16 I am concerned that existing name suppression settings may not support victims or enhance open justice in a way that encourages reporting. 17 I consider it is a misuse of court time and distressing for victims to endure lengthy appeals despite the court declining permanent name suppression orders. The process does not ensure appropriate consequences for people convicted of these crimes. For example, the victims in M v R [2024] NZSC 29 and Yikar v R [2023] NZCA 296 were...