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

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [58] In Ambros,3 the Court of Appeal stated: [...

2. [2024] NZEnvC 052 Lakeside Developments 2017 Limited v Waikato District Council [pdf, 368 KB]

   ...trains shall not be exceeded based on the procedures specified in the Norwegian Standard NS 8176E: 2nd edition September 2005 Vibration and Shock Measurement of Vibration in Buildings from Land Based Transport and Guidance to Evaluation of its Effects on Human Beings. Receiving Environment Maximum weighted velocity, Vw95 which will mitigate vibration impacts; (iii) Any characteristics of the proposed use which make compliance with the standard unnecessary; (iv) A reverse sensitivity...

3. [2007] NZEmpC CC 7/07 Rooney Earthmoving Ltd v McTague and anor [pdf, 85 KB]

   ...must, logically, be prejudice or hardship occasioned by the delay and not attributable to the bringing of a challenge as of right within time. The respondents’ grounds of contended prejudice or hardship, even differentiated from understandable human disappointment, do not make that necessary distinction so that they are not factors favouring a refusal of leave. The case was an expensive one for the parties. Mr McTague deposes to the costs of the respondents in the Authority...

4. [2009] NZEmpC WC 10/09 Terson Industries Ltd v Loder [pdf, 54 KB]

   ...reason given in the agreement for the fixed term was: …because the Account Manager role may need to change and the company wishes to be able to negotiate its requirement from scratch (including the make up of remuneration, nature of role and human resource requirements.3 [10] The Authority found, and I agree, that these reasons do not meet the requirements of s66 of the Employment Relations Act 2000 (“the Act”) which requires that the employer must have genuine reasons based o...

5. ORC & Federated Farmers - EIC - Mathew Korteweg - 17 September 2021 [pdf, 1.3 MB]

   ...Victoria). 5 I am the Otago Federated Farmers dairy vice-chairman. My previous roles were the Otago Federated Farmers sharemilker chairman for 2 years and the Otago Federated Farmers Dairy chairman for 2 years. 6 Catherine and I won the DairyNZ Human Resources Award, the Ecolab Farm Dairy Hygiene Award, and the Westpac Business Performance Award, in the Share Farmer Merit Awards in 2016. We were also runners up in the Southland-Otago Dairy Manager of the year award in 2016. 7...

6. Evidence Brief: Speed Limit Enforcement [pdf, 522 KB]

   ...(2003). Traffic-law enforcement and risk of death from motor-vehicle crashes: case- crossover study. The Lancet, 361(9376), 2177-2182. Shinar, D., & McKnight, A. J. (1985). The effects of enforcement and public information on compliance. In Human behaviour and traffic safety (pp. 385-419). Springer US. Tay, R. (2000). Do speed cameras improve road safety?. In Traffic and Transportation Studies (2000) (pp. 44-51). Tay, R. (2009). The effectiveness of automated and manned traffic...

7. NZCVS Cycle 4 - Key Findings Booklet [pdf, 908 KB]

   ...have been rounded to the nearest whole number or one decimal place. Graphs and tables provide accuracy to one decimal place. Higher precision may be provided where it is important for the content. 5. Unfortunately, due to a human error in data collection, this report does not include over 200 interviews in Hawkes Bay area. Survey results were revised, amended and re-weighted to maintain accuracy and avoid bias. Crown copyright © 2022 This work is l...

8. [2021] NZEmpC 201 Cronin-Lampe v Board of Trustees of Melville High School [pdf, 269 KB]

   ...to whether the matter relates to a question provided for by the Act. For example, proceedings relating to or arising from damage to property, a term of any contract, a personal grievance, the Health and Disability Commissioner Act 1994 or the Human Rights Act 1993 are not matters “covered by [the] Act.” [29] The Supreme Court went on to conclude that the purpose of the section was to channel “disputes about decisions made under the Act into a prescribed procedure.”7 Beca...

9. [2020] NZEmpC 52 Dillon v Tullycrine Ltd [pdf, 230 KB]

   ...[30] This case arises in the context of a family arrangement. In such a context, the Courts have recognised that there is a presumption of fact against an intention of creating legal relations. This presumption derives from experience of life and human nature which shows that, in such circumstances, men and women usually do not intend to create legal rights and obligations but intend to rely solely on family ties of mutual trust and affection.4 [31] However, I acknowledge the poin...

10. 2022-03-28 Willowridge & RPL - Reply Submissions [pdf, 241 KB]

    ...including cumulative effects, and consideration of trends in the quality of the receiving water body; and (e) Any adverse effect of any discharge from the site on: i. Kāi Tahu cultural and spiritual beliefs, values and uses ii. Any natural or human use value iii. Use of water bodies or the coastal marine area17 for contact recreation and food gathering and measures to avoid, remedy or mitigate these adverse effects. 17 Because this only applies to the Queenstown Lakes...