Search Results

1. Witana v Cutforth - Kohewhata 27C2A [2022] Māori Appellate Court 405 (2022 APPEAL 405) [pdf, 266 KB]

   ...Accordingly, while the respondents submit that they did not take any steps other than those required of them for this appeal, they also failed to take steps that would have reduced the length of these proceedings and accordingly the time and resources spent on them. Kōrerorero mō ngā utu roia Discussion on costs [13] The Court has an unlimited discretion as to costs. It has been noted that costs normally follow the event. [14] Rule 8.23 of the Māori Land Court Rules 20...

2. Curgenven v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 26 [pdf, 286 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law. The District Court judgment [48] His Honour considered the evidence and the relevant law a...

3. Nga-hapu-o-Kereru-Marae-Koputoroa-Stream-CIA-FINAL-v2.pdf [pdf, 2.6 MB]

   ...Treaty was signed. When our tupuna first settled here, there were approximately 28 “tūtū kākā, kaikas, miro, totara and tawa”. tuna, kōkopu, īnanga and smelt were plentiful in the Kōpūtōroa stream, and harakeke was also a rich local resource. There was an extensive wetland, which the Kōpūtōroa stream ran through before it reached the Manawatū river2. The pollution of our waterways has under-mined our rangatiratanga, the authority of our tūpuna and our ability to s...

4. OIA-108159.pdf [pdf, 2.8 MB]

   ...cases, the Tribunal can grant an application for an urgent inquiry into claims. This may include strict timetables for filing of evidence, hearings and cross-examination. If this were to occur, it would require a significant investment of time and resources from the Ministry. 18. We will advise the Government on how best to respond to these issues should they arise. Options for the use of unspent section 27 funding 19. The Government has committed to end funding for section 27...

5. [2024] NZEmpC 99 Putaanga v MOVe Freight Ltd [pdf, 243 KB]

   ...she never understood him to be raising a grievance. Further, she said she was not the person with whom to raise it. She said that if she had understood him to be raising a personal grievance, she would have escalated it to her manager or human resources. [33] MOVe Freight said it was not aware of any grievance at the time. It did not, however, call any witnesses, other than Ms Valdes, who had any direct knowledge of, or involvement in, the events at the time. Mr Shelley, who gav...

6. [2023] NZEmpC 217 MGK Homes Ltd v Yoon [pdf, 289 KB]

   ...what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the court must consider— (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the em...

7. Child Rescue Charitable Trust v Accident Compensation Corporation (Employer Levy Classification) [2023] NZACC 73 [pdf, 212 KB]

   ...time staff who implement the organisation’s mission and strategy. The governing board meets bi-monthly to provide accountability, strategy, leadership and professional advice to the organisation. … Main Sources of Entity’s Cash and Resources Donations, grants and sales of merchandise. Main Methods Used by Entity to Raise Funds Hosting presentations and promotional stalls, fund raising dinners, website, social media, online peer to peer fund raising campaigns and sal...

8. Rendell v Attorney-General [2024] NZHRRT 7 [pdf, 238 KB]

   ...reasonable attempts to find the information requested and efforts to search for the information must be thorough and intelligent, rather than mechanical.10 A diligent approach is required but an agency is not required to invest unlimited time and resources to search for information that may not exist or which cannot, despite diligent search efforts, be found.11 Did the Police make reasonable, diligent attempts to find the information? [32] Mr Rendell submits that the Police did not t...

9. Sycamore v McLaughlin - Rangatira E (2025) 335 Waiariki MB 40 (335 WAR 40) [pdf, 268 KB]

   ...explain that the delay in providing audited financial accounts, as required by cl 7(c), was due to factors outside their control. There were significant delays from the auditor during the COVID-19 period. The audit sector had to secure a lot of its resources from overseas, which led to delays in the trustees receiving the reports. The trustees submit that it would be unfair to put the actions of the auditor on the trustees, as these are not actions undertaken by the trustees, and they...

10. MJ v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 007 (14 January 2025) [pdf, 208 KB]

    ...(f) One factor in granting leave is the wider importance of any contented point of law. (g) Even if the qualifying criteria is made out, the court has an extensive discretion to grant, or refuse leave so as to ensure the proper scarce judicial resources and the finality of litigation. MJ’s submissions [51] Two issues were determined by Judge Spiller. In her leave to appeal application MJ directed her submissions to the second issue - cover for PTSD as a new injury. No specific...