Search Results

1. Harland v ACC [2012] NZACA 6 [pdf, 408 KB]

   ...approach that the 1982 Act had a threshold for attendant care of "constant personal attention" at or about 24 hours per day need. The later Acts had a substantially more flexible approach and in the case of the 1992 Act, the Regulations only permitted attendant care up to 40 hours per week. 5 [19] Mr Davis said that he could say with certainty, that ACC did consider the applicant's case against each of the 1982, 1992 and 1998 Acts, and concluded that she did not req...

2. [2015] NZEmpC 224 Rothesay Bay Physiotherapy (2000) Ltd v Pryce-Jones [pdf, 143 KB]

   ...[49] Finally, Ms White submitted (although I did not understand her to be strongly pursuing the point) that the nature of the relationship was dictated by the legal requirements imposed by Immigration New Zealand, and that the only relationship permitted in law was an employment relationship. It was said that if it is held that Ms Pryce-Jones was engaged as a contractor it would raise issues of legality which constituted a “relevant matter” for the purposes of s 6(3) of the Act....

3. Ryan v CAC 20002 & Skinner [2013] NZREADT 45 [pdf, 67 KB]

   ...transaction, or disclosure requirements, will at least be unsatisfactory conduct, subject to a defence of all reasonable steps having been taken. However, it may be that some requirements, such as the need for timely communication with a client, may permit flexibility depending on the facts of the particular case. [53] The Committee noted, inter alia, the licensee’s admission that he could have been more responsive, presumably, to the desires of the appellant that he make marketing p...

4. IAA v UKFE [2012] NZIACDT 30 (28 June 2012) [pdf, 130 KB]

   ...should transfer to your client account only those funds which are to be held in advance.” [40] His response was that the requirement was met in the case of his practice, as the process involved receiving funds, then creating the records that permit the funds to be allocated to the practice account, and that was invariably after the funds were initially received. [41] He also emphasised the requirements of clause 23 of the Guidelines, which require client records that track all tran...

5. [2007] NZEmpC AK 40/07 Clear v Waikato DHB [pdf, 60 KB]

   ...present case. First, the matter of remedies remains to be decided and there is no certainty that will be an end of the proceedings. More importantly, however, the parties embarked on mediation following the determination. While I am not permitted to know what transpired there, it is likely that at the mediation Miss Clear would have made her dissatisfaction with the determinations known. (c) Effect on rights and liabilities of the parties [17] In this case this amou...

6. [2016] NZEmpC 31 A Labour Inspector v Taste of Egypt Limited [pdf, 473 KB]

   ...the company and, therefore, its failure to pay the sums orders by the Authority against the company. In the cases of Saeed Awad and Dianne McFarlane, who are a couple, the applicant emphasises that the terms of the order sought and made will permit them to have access to funds for ordinary living expenses; for the payment of legal expenses relating to the freezing order; and for the disposal of assets or the making of payments in the ordinary course of their business including th...

7. Dotcom v Crown Law Office (Damages) [2022] NZHRRT 7 [pdf, 195 KB]

   ...the requests were vexatious and included information which was trivial. The Solicitor-General also advised that insufficient reasons for urgency had been provided. [5] The primary issues before the Tribunal were first, whether the transfers were permitted by PA 1993, s 39(b)(ii) and second, whether in terms of PA 1993, s 66(2)(b) there was no proper basis for the decline decision. [6] As summarised by the Court of Appeal at [5], the Tribunal concluded: [6.1] The Attorney-General was...

8. [2023] NZSSAA 009 (10 July 2023) [pdf, 175 KB]

   ...However, reg 139(3) provides that JSS is not a qualifying benefit for the purpose of the 4-week rule. [17] There is also discretion to pay a benefit that is not a qualifying benefit where, relevant to this appeal, an absence is for one of the permitted reasons in reg 146:9 (a) to attend a job interview or follow up on a job prospect: (b) to attend a significant event relating to a family member: (c) to attend a court case as a party or a witness: (d) in the case of a beneficiar...

9. [2023] NZREADT 12 - KD & DX v Donaldson (31 May 2023) [pdf, 214 KB]

   ...records its expectation that the Authority be neutral in all cases, not just “generally”. In no case would it be proper for the Authority to become an advocate for a complainant. It is not accepted that the Authority’s consumer protection role permits it to adopt any more active role in compensation proceedings. Its role is not enlarged where complainants are unrepresented or disadvantaged. [48] The Authority apparently sees itself as having an obligation to assist compla...

10. [2008] NZEmpC AC 37/08 Orakei Group (2007) Ltd (formerly Axiom Rolle PRP Valuations Services Ltd) v Kapadia & Ors [pdf, 44 KB]

    ...involved in the proceeding on 11 October 2004 when Orakei Group attempted but failed to execute an Anton Piller order at Equity’s premises. Orakei Group says that Equity has not explained this lengthy delay. It says it would be unreasonable to permit it to be subjected to costs more than 2 years after the failed attempt at execution of the Anton Piller order. [25] Orakei Group says that Equity’s presence as a party will not more effectually dispose of any matter before the C...