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1. LI v KC [2025] NZDT 115 (26 February 2025) [pdf, 193 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 road includes— (a) a street; and (b) a motorway; and (c) a beach; and (d) a place to which the public have access, whether as of right or not; and (e) all bridges, culverts, ferries, and fords forming part of a road or street or motorway or a place referred to in paragraph (d); and (f) all sites at which vehicles may be weighed for the purposes of the Act or any other enactment 9. I consider the forecourt and driveway of a petrol

2. Karena v Haines-Winiata - Te Koau A Trust (2015) 43 Takitimu MB 200 (43 TKT 200) [pdf, 217 KB]

   ...Bidwill Street, Mt Cook, Wellington 6021 kle@klelaw.com 43 Takitimu MB 201 Introduction [1] Wero Karena seeks an injunction, a judicial conference, and, I apprehend, a review of trust and the removal of the trustees of Te Koau A Trust. Mr Karena claims that the trustees have, in summary, breached their duties sufficient to warrant an investigation as to their removal. His principal complaint appears to be that the trustees have failed to maintain the trust property and provide...

3. [2014] NZEmpC 187 Walker v Delta Community Support Trust [pdf, 187 KB]

   ...Cavell Leitch Law who from that point on provided advice in relation to the Trust’s employment issues with Mrs Walker. 9. On 27 February 2012 Mr Weir and the Board’s then chair Helen Slot-Brand had an initial meeting with Mrs Walker to inform her that 4 See for instance Julian v Air New Zealand Ltd [1994] 2 ERNZ 88 (EmpC); and New Zealand Police Assoc Inc v Commissioner of Police [1995] 1 ERNZ 658 (EmpC). certain all...

4. LR v Accident Compensation Corporation (Claim for overseas rehabilitation costs) [2023] NZACC 29 [pdf, 183 KB]

   ...developmental delays and associated disabilities, including spasticity. However, the claim was declined because, at that stage, the Corporation was unable to establish an injury relating to treatment. The Corporation did not receive any further claims or requests for cover in the ensuing period of nearly three years. [5] On 24 May 2021, Ms Carrigan, advocate for the appellant, wrote to the Corporation. Ms Carrigan asked the Corporation to revisit its decision and confirmed that...

5. EH v B Ltd [2024] NZDT 423 (7 May 2024) [pdf, 155 KB]

   ...north-west wind resulted in spontaneous combustion. However EH has not been successful with her claim for the reasons outlined above. The claim is dismissed. Referee: L Thompson Date: 7 May 2024 Page 6 of 6 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

6. Henderson v Accident Compensation Corporation (Personal Injury) [2022] NZACC 216 [pdf, 205 KB]

   ...assault, when she was pushed downstairs and kicked in the back. She suffered bruising in that accident but no fractures.1 [6] In early 2001, Ms Henderson contacted the Corporation to seek entitlements on her 1982 and 1998 injury claims. Medical information was obtained by the Corporation, which included several reports from Mr Gordon Howie, Orthopaedic Surgeon, who had treated Ms Henderson from February 2001 onwards. [7] On 21 May 2001, Mr Howie, having reviewed Ms Henderson...

7. Kumandan v REAA & Paul [2012] NZREADT 15 [pdf, 206 KB]

   ...she told the Tribunal had a blank space at the bottom where the vendor’s solicitor would sign, date and return them to Harcourts. [19] Ms Whitney told the Tribunal that she did not hear from Mr Naidu and asked Mr Kumandan to get the confirmation forms signed. She said “he told me that he was going to see Mr Naidu and so would get them signed”. She said that one or two days later Mr Kumandan returned the two files to her with the signed acknowledgements – these documents are Ex...

8. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...this reason told him that he would not be required to work out the period of notice. [2] Mr Hook contends that he was constructively dismissed. Mr Hook filed a personal grievance with the Employment Relations Authority (the Authority) claiming unjustified constructive dismissal, together with a claim for unjustified disadvantage. His grievance was dismissed. 1 The claim [3] Mr Hook has challenged the Authority’s determination on a de novo basis. The sole relief...

9. [2017] NZEmpC 98 Farmer Motor Group Ltd v McKenzie [pdf, 167 KB]

   ...word “notice” in the relevant section does not refer to the means of communication of the notice and that: Where there is a contractual right to provide payment in lieu of an employee working out the notice period, then provided the employer informs the employee that his employment agreement is being terminated under a trial period clause, when termination takes effect, that he will be paid in lieu of working out the notice period, this constitutes “notice” pursuant to s 67B...

10. [2021] NZACC 171 – Estate of Simpson v ACC (5 November 2021) [pdf, 175 KB]

    ...signature on a piece of paper given that since 2005 ACC automatically awarded the highest whole person impairment rating to those diagnosed with mesothelioma. [26] She also says that ACC should have a policy of sending lump sum compensation forms with its cover decisions for mesothelioma. Decision [27] In this case the late Mr Simpson died of malignant mesothelioma on 25 June 2019 at the age of 78. He had been diagnosed with mesothelioma, according to the joint statement of f...