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1. [2016] NZEmpC 172 Twentyman v The Warehouse Ltd [pdf, 234 KB]

   ...of her claim. She was advised by ACC that this management would include deciding what help she may be eligible for such as treatment costs or weekly compensation. TWL contracted management of its obligations under that partnership programme to Care Advantage (later known as Gallagher Bassett Care Advantage). [8] On 26 March 2012 Ms Twentyman resumed work. 3 April letter [9] On 3 April 2012 Ms Twentyman gave a letter to the Taupo Store Manager, Ms Sally Rison, complaining...

2. Inaia Tonu Nei - Hui Maori - English version WORD [docx, 69 KB]

   ...intergenerational effects of the racism, bias, abuse and colonisation that the justice system has created, enabled and continues to deliver almost 200 years since the signing of Te Tiriti o Waitangi. Māori did not sign Te Tiriti o Waitangi for tamariki to be in care, incarcerated or continually traumatised – this must stop now. Calls from those who attended the Hui Māori challenged the Crown and its officials directly for an enduring reform to stop the continuing degradation of whānau, h...

3. Boyd-Dunlop & Anor v CAC307 & Anor [2016] NZREADT 8 [pdf, 170 KB]

   ...for the past few years, it should be merely a formality to obtain a resource consent and he assumed that to be so and he told that to the licensee who simply said that he should keep any use “low key”. [20] Mr Boyd-Dunlop accepted that for the protection of him and his wife as purchasers, the licensee inserted a due diligence clause in the agreement for sale and purchase and recommended that they obtain legal advice on the transaction. [21] At that point all counsel accepted th...

4. Inaia Tonu Nei - Hui Maori - English version PDF [pdf, 6.4 MB]

   ...intergenerational effects of the racism, bias, abuse and colonisation that the justice system has created, enabled and continues to deliver almost 200 years since the signing of Te Tiriti o Waitangi. Māori did not sign Te Tiriti o Waitangi for tamariki to be in care, incarcerated or continually traumatised – this must stop now. Calls from those who attended the Hui Māori challenged the Crown and its officials directly for an enduring reform to stop the continuing degradation of whān...

5. U v I [2018] NZIACDT 21 (18 June 2018) [pdf, 250 KB]

   ...points for skilled employment, the Complainant's application had insufficient points to meet the lowest selection criteria of the Skilled Migrant category during the currency of his EO I. It appears the Adviser may not have acted with due care and diligence when he failed to correctly assess the Complainant's job description, claiming that it was a substantial match for a Court Collections Officer, when in fact, the Complainant carried out none of the core tasks listed unde...

6. LCRO 178/2014 ZO v BV (15 June 2018) [pdf, 127 KB]

   ...published, but without details that would lead to the identification of any of the parties involved. [16] In reaching that decision the Committee concluded that: (a) the overriding principle of the Victim’s Rights Act 2002 (the VRA) was the protection of victims in all senses: victims of crime require careful treatment and need to be seen to be protected; (b) a very high professional standard is required to ensure victims are protected, consistent with the VRA principles; (c)...

7. O'Connell & Anor v Auckland Council & Ors [2013] NZWHT Auckland 7 [pdf, 294 KB]

   ...OR PROJECT MANAGEMENT? ....................................................................................................25 IS MR FRENCH RESPONSIBLE FOR ANY OF THE ESTABLISHED DEFECTS? .28 DOES MR TOEBOSCH PERSONALLY OWE THE CLAIMANTS A DUTY OF CARE? ...................................................................................................................29 WERE THE O'CONNELLS CONTRIBUTORILY NEGLIGENT? ..............................33 CONCLUSION ..............................

8. RK v LP LCRO 292 / 2011 (1 October 2012) [pdf, 70 KB]

   ...position: a. This is a commercial matter; b. The Practitioner was entitled to take a position on behalf of his client; c. The Practitioner was at all times acting on the instructions of his client; d. The Practitioner does not owe any duty of care to the Applicant; e. The franchise agreement required the franchisee to grant a general release on the transfer of the business (in clause 18.11); f. The Applicant was separately advised; g. There was no undue pressure to sign the t...

9. Smith v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 181 [pdf, 244 KB]

   ...287/01, 15 October 2002; (ii) The contended point of law must be “capable of bona fide and serious argument” to qualify for the grant of leave: eg. Impact Manufacturing (unreported), Doogue J, HC Wellington, AP 266/00, 6 July 2001; (iii) Care must be taken to avoid allowing issues of fact to be dressed up as questions of law; appeals on the former be proscribed: eg. Northland Co-operative Dairy Co Limited v Rapana [1999] 1 ERNZ 361, 363 (CA); (iv) Where an appeal is limi...

10. IAA v van Zyl [2012] NZIACDT 59 (11 September 2012) [pdf, 77 KB]

    ...clients; it was not a case of him acting in bad faith. The misrepresentation was only misleading as a matter of logic. [19] The complaint was the Authority’s, and Mr K was satisfied with the service he received. In these circumstances, consumer protection is not a real concern, and Mr K confirmed this in an affidavit presented in support of the submission. [20] Mr van Zyl produced a written statement in which he explained: [20.1] At the time, he genuinely believed he was complying...