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1. Te Manutukutuku Issue 16 [pdf, 2.7 MB]

   ...justice-delivery mechanisms. The circumstances allow the CCJwp to start from a position of strength, as confirmed by the positive results to date. Maori Grievances and the Private Land Issue Following is an extract from the speech given by John Kneebone, a former president of Federated Farmers, at the Federated Farmers annual conference in May. Mr Kneebone was not speaking as a member of the Waitangi Tribunal. I believe I am here because of your concerns and fears for the security o...

2. Buckland v Accident Compensation Corporation (Cover) [2023] NZACC 151 [pdf, 258 KB]

   ...fund hip replacement surgery. [2] The appellant also appeals against ACC’s decision of 23 July 2020 suspending the appellant’s entitlements. Background [3] The Corporation’s decisions at issue in this appeal were made in respect of a claim for injuries resulting from an accident on 3 July 2019 when the appellant stepped into a hole in a rock wall and twisted his right leg and hurt his back. [4] The claim form completed on 10 July 2019 notes “sprain hip/thigh” and “lu...

3. [2019] NZEmpC 166 GEA Process Engineering Ltd v Schicker [pdf, 216 KB]

   ...difficulties were seen to be associated with this process. On 8 December 2015, the Authority, in consultation with the parties, released the Clarkes from their witness summonses and directed them to instead provide affidavits listing which documents requested by the plaintiff they had within their control. They were to categorise them as “in scope”, “privileged”, “confidential, or “out of scope”. This process was analogous to the process for non-party disclosure cont...

4. [2022] NZACC 67 – KC v ACC (27 April 2022) [pdf, 209 KB]

   ...[Mental injury caused by criminal acts, s 21 Accident Compensation Act 2001] ____________________________________________________________________ [1] At issue is a decision of the Accident Compensation Corporation dated 21 January 2020 declining a claim for cover for mental injuries suffered as a result of sexual abuse. [2] The appellant submits that she has suffered mental injury and is entitled to cover. [3] The Corporation submits that the criteria of s 21 is not satisfied by...

5. Mollett v Accident Compensation Corporation (Suspension of Weekly Entitlement and Delay) [2023] NZACC 112 [pdf, 263 KB]

   ...refer her for a SPECT CT scan of her back, to look for ongoing inflammation in her facet joints. Dr Armstrong said that, if the bone scan was negative, he would look into her hip as a possible source of her pain. Dr Armstrong stated that he had requested that Ms Mollet’s hip be added to her ACC claim. Dr Armstrong certified Ms Mollet as unfit for work until 1 July 2020. [25] On 29 May 2020, the Corporation asked Dr Armstrong to provide a READ code and side regarding his reques...

6. [2012] NZEmpC 139 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 59 KB]

   ...affidavits have now been served upon the defendant’s solicitors and copies of the documents that are described in the IT expert’s report are soon to be provided to the plaintiff and the defendant. The defendant’s solicitors, Norris Ward McKinnon, requested that they be permitted to review all the documents obtained to determine what documents might be subject to legal privilege or any other possible objection to disclosure. Ms Dew indicated that the plaintiff would consent t...

7. BORA Support Workers (Pay Equity) Settlements Amendment Bill [pdf, 222 KB]

   ...the principal Act. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 7. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The right has also been interpreted as including the right not to be compelled to say certain things or to provide certain information.1 8. Clause 19 amends section 19 of the principal Act...

8. [2011] NZEmpC 99 Broughton v Microsoft NZ Ltd [pdf, 77 KB]

   ...defendant Judgment: 8 August 2011, recalled and re-issued 10 August 2011 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE GL COLGAN [1] This interlocutory judgment determines the defendant’s objection to disclosure and inspection of certain documents as requested by the plaintiff, and associated issues. [2] The procedure that has led to this hearing, and the need to depart significantly from the statutory scheme for disclosure and inspection of documents under the Employment Cour...

9. [2013] NZEmpC 102 Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool [pdf, 77 KB]

   ...filed her costs memorandum. The defendant did not. On the morning of 4 June 2013, Mr Pa’u for the defendant apologised for the failure and asked for an extension of time until 6 June 2013. No reason was given for the failure or the need to request an extension. It would have been helpful if the request for extension had been made on 31 May. In the event, because I would have retired 1 [2013] NZEmpC 82. by 6 June, I d...

10. LT Ltd v ON & NN [2022] NZDT 137 (15 August 2022) [pdf, 142 KB]

    ...Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 137 APPLICANT EB APPLICANT LT Ltd RESPONDENT ON SECOND RESPONDENT NN The Tribunal orders: 1. EB has been removed as an Applicant in this claim. 2. ON and NN are to pay $200.00 to LT Ltd before 15 August 2022. Reasons. 1. EB has been removed as an Applicant in this claim at her request, as the contract was between LT Ltd and ON and NN. 2. ON and NN rented a storage u...