Search Results

1. [2015] NZEmpC 7 Alatipi v CE of the Department of Corrections [pdf, 280 KB]

   ...complaint [9] Prisoner X did not give evidence in the case but he was interviewed by Principal Corrections Officer, Ms Cheryl Chandler, on the day of the incident. Ms Chandler's record of the interview was typed up on a Corrections IR.07 Form 01 and signed off at 1350 hrs on 2 July 2011. Ms Chandler stated: … When we got to the Management unit [Prisoner X] gave me the following statement. On the 2nd July 2011 I [Prisoner X] was in HM 4 wing. At approximately 0835h...

2. [2021] NZACC v Jones (5 August 2021) [pdf, 192 KB]

   ...Jones to the Law Society affects this recall application. Notably, Mr Jones presented no evidence to show that he had asked for an extension of time for filing submissions to await the outcome of this complaint. There is no reference to any such request in the 2019 Leave Decision. In reality, Mr Jones had more than eight months to file his written submissions in support of his application for leave. When he did not do so, he cannot now complain that the Authority acted unreasonably...

3. Julian v Accident Compensation Corporation [2024] NZACC 115 (16 July 2024) [pdf, 272 KB]

   ...they would consider reopening his claim which was initially declined, as there is no real medical cause that we have identified for his symptoms and it was triggered by lifting and bending. [Emphasis added] [29] In July 2021, Dr Kennedy GP requested the Corporation to reconsider the claim since transverse myelitis had been discounted by a neurologist in May 2020. [30] In December 2021, Mr Singhal, Clinical Director, Burwood Spinal Unit, commented the diagnosis was a spinal...

4. Ryang v Auckland Council [2011] NZWHT Auckland 21 [pdf, 282 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-100-000060 [2011] NZWHT AUCKLAND 21 BETWEEN CHUN HEE RYANG Claimant AND AUCKLAND COUNCIL (FORMERLY NORTH SHORE CITY COUNCIL) First Respondent AND DAVID LEE Second Respondent AND THEOTESTO REYES Third Respondent AND PLASTER DEVELOPMENTS LIMITED Fourth Respondent AND PATON ROOFING SERVICES LIMITED Fifth Respondent AND WISE & ASSOCIATES LIMITED Sixth Respondent AND RUSSELL MATTHEWS

5. [2014] NZEmpC 201 Dunn v Waitemata DHB [pdf, 128 KB]

   ...its mode of delivery or its timing. The letter was a focus of complaint by the plaintiff at hearing. I return to it later. [10] The plaintiff responded to the WDHB’s earlier letter of 5 May on 26 June 2008. The medical report that had been requested was not provided. A request was made for the WDHB’s Return to Work and Rehabilitation policy. This was provided by the WDHB by way of correspondence the same day. [11] The WDHB had sought a report from a specialist occupational...

6. NQE v Tan [2013] NZIACDT 37 (13 June 2013) [pdf, 195 KB]

   ...fortnightly. [31] Ms Tan’s first contact with the complainant was at a seminar he attended, which she conducted with Mr Mehta. The complainant was assessed for eligibility to migrate to New Zealand, and given a detailed fee structure. The complainant was requested to write out the details of the fees to ensure he fully understood. The fees are explained by three different people to ensure that there is no misunderstanding (once in English, and twice in the local language). [32] The c...

7. [2012] NZEmpC 177 Rimene v P J Doherty & Natusch Group Ltd [pdf, 61 KB]

   ...Doherty to proceed with his challenge out of time, those particulars will need to be provided before the Court can give directions under s 182(3)(b) of the Act as to the nature and extent of the hearing. [16] To advance the matter, the Registrar is requested to schedule a telephone directions conference with the parties in the near future to enable the Court to deal with these issues. Conceivably, one option the parties may wish to explore is joinder of both actions and proceedi...

8. Ashby v Ngati Awa Land Trust Board- Waimana Parish 790 (2002) 268 Rotorua MB 275 (268 ROT 275) [pdf, 361 KB]

   ...number of levels and not at all what the Trust Order intended. I accept however, that what has happened, has happened more by oversight then by intention to breach the Trust Order. Prudence I must then examine the balance of the borrowing and form a judgement as to its prudence or otherwise. Certainly the figures are not small. I note that the land and stock of the Trust were immune from creditors of the Runanga, but now that· Minute Book: 268 ROT 280 borrowing has been organ...

9. [2015] NZEmpC 138 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley [pdf, 415 KB]

   ...Ms Pidduck. This had two consequences. [3] The first was that when I asked Ms Pidduck whether there were indeed documents that would incriminate the defendants if disclosed, counsel could not respond without conferring with the defendants’ former solicitor. Until then, the Authority, the plaintiff’s counsel Mr Churchman, and the Court had assumed that there were such documents although this had not ever been confirmed by the defendants. On the hearing day, however, Ms Piddu...

10. [2022] NZACC 180 — Coldrick v ACC (20 September 2022) [pdf, 176 KB]

    ...Compensation Act 2001] Introduction [1] This is an appeal from the ruling of a Reviewer dated 14 April 2022. The Reviewer issued a procedural ruling in relation to Fulton Hogan’s decision dated 10 November 2021 declining Mr’s Coldrick’s request for physiotherapy. Background [2] On 25 February 2020, Mr Coldrick twisted his right knee while standing on a boulder at work. His GP, Dr McGuire, lodged a claim for cover for a sprain of the right knee/leg. On 27 March 2020, th...