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1. Trustees of the Horina Nepia and Te Hiwi Piahana Whanau Trust v Ngati Tukorehe Tribal Committee & Tahamata Incorporation (2014) 314 Aotea MB 159 (314 AOT 159) [pdf, 231 KB]

   ...barred? [81] Respondents’ case [81] 314 Aotea MB 161 Applicants’ case [85] Discussion [87] Decision [91] 314 Aotea MB 162 Introduction [1] On 30 August 1978 Paul or Paora Te Hiwi signed a form transferring 3,781.28 shares he held in Tahamatā Incorporation to the “trustees Tukorehe Pā, Ohau”. The Incorporation records disclose that the shares were in fact transferred to the trustees of Ohau Pā Reserve. It is said...

2. Committee on the Elimination of All Forms of Racial Discrimination – summary record 18th-20th reports (continued) [pdf, 117 KB]

   ...and information submitted by States parties under article 9 of the Convention (continued) Eighteenth to twentieth periodic reports of New Zealand (continued) United Nations CERD/C/SR.2222 International Convention on the Elimination of All Forms of Racial Discrimination Distr.: General 15 April 2013 English Original: French CERD/C/SR.2222 2 GE.13-41358 The meeting was called to order at 10.05 a.m. Consideration of reports, comments and information submitted...

3. [2020] NZEmpC 28 Talbot Agriculture Ltd v Wate [pdf, 368 KB]

   ...intervals of time in paragraph [6](c) and (d) need to be explained. The first period of time (2 May until 11 June 2016) was the Authority’s calculation encompassing the assessment Mr Wate underwent at the beginning of May and for the work he performed from 10 May onwards. In the absence of any evidence about an agreed rate of pay for that work, the Authority applied the Minimum Wage Act 1983 and the applicable Minimum Wage Order, using Mr Wate’s diary as the only available rec...

4. Emtage v Accident Compensation Corporation (Revocation of Cover) [2023] NZACC 84 [pdf, 522 KB]

   ...[5] The appellant made a claim for a workplace injury in 2019. Her claim was that the injury occurred when she was operating truck 204 and was collecting green waste on Racecourse Road, Invercargill on 11 March 2019. [6] The appellant first informed Southern Transport of her injury on 6 May 2019. She attended her GP that day following an incident at her home, which she described to the Court as occurring when she was getting dressed. She said she had one foot in her pants when she...

5. Austin v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 59 [pdf, 257 KB]

   ...had DISH. She was unable to say, however, when these changes first occurred because there were no x-rays taken before 2011. 6 [14] Dr Holtzhausen then went on to discuss the pathogenesis and aetiology of DISH. She described it as a bone-forming disease, and explained that vitamin A and its derivatives have the ability to promote new bone formation. She said: The main skeletal abnormality described in synthetic retinoid treated patients is identical to DISH. Yoder was the firs...

6. J v ACC [2010] NZACA 2 [pdf, 39 KB]

   ...1992, immediately after filing her claim in September 1992 for compensation for mental injuries suffered from multiple instances of sexual abuse. Ms Hubble argues there was no analysis of the effects of these instances of abuse on the appellant as forming a “continuum” and Ms Hubble submitted that the Authority has no evidential basis on which to apply JM on that point. [7] Additionally Ms Hubble argued that the application of JM is also inappropriate given that the claim in tha...

7. [2023] NZEmpC 39 Wilson-Grange Investments v Guerra [pdf, 226 KB]

   ...Schedule A to the agreement set out a summary of Mr Guerra’s terms and conditions of employment. It provided that Mr Guerra was to be paid at a rate of $22 per hour and that the “(Minimum Guaranteed) Hours of work” was 35 hours; he could be requested to work in excess of these hours but was free to decline and there was to be a minimum engagement of two hours per shift. [9] Mr Guerra was appointed to his position in October 2019 by Ms Wilson, who was initially his line mana...

8. [2024] NZEmpC 74 Hu v Passion Fresh Ltd [pdf, 273 KB]

   ...query was addressed by Passion Fresh in a further email of 12 April 2021 when Ms Hu was advised that the company did not share her view that her wages 1 Hu v Passion Fresh Ltd [2023] NZERA 54 (Member Fuiava). were incorrect. She was informed that the company considered the hours for which she was paid correlated with timecard hours, but an invitation was extended to discuss the matter in person. [9] On 13 April 2021, Ms Hu met representatives of Passion Fresh. During...

9. L v EQC [2021] CEIT-2019-0036 [pdf, 411 KB]

   ...However, for reasons discussed below in paragraph [99], I need not consider that here. [31] Clause 3 goes no further than granting the discretion to not pay a “claim”. I note that “claim” is not defined by the Act. It may be argued that each request for payment is a “claim”, for the purposes of cl 3. However, this reading goes against the use of the word “claim” in a general insurance context, where a single claim, encapsulates all damage from each damage causing eve...

10. [2024] NZEmpC 231Aurecon New Zealand Limited v Dowlut [pdf, 251 KB]

    ...days whilst further inquiries were made about her health. [53] Then Ms Dowlut resumed work, with the employer being satisfied that she could work and undertake disciplinary processes with appropriate support. At the same time, however, Aurecon requested any information Ms Dowlut wanted considered as part of the disciplinary process. Three weeks later, it attempted to restart the disciplinary process by inviting Ms Dowlut to a meeting. She declined to be involved thereafter, but...