Search Results

1. [2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd costs [pdf, 173 KB]

   ...the appellant in the Employment Court. [20] The Court of Appeal was primarily concerned with the correctness of the Employment Court’s decision, which was to disregard the offer because the Court believed, incorrectly, that the offer did not address Mr Mitchell’s reputational interests. Issues of the sort identified in Kaipara are not referred to in the judgment and are not directly addressed. However the timing of the offer (made prior to the Authority’s investigation) is e...

2. [2021] NZACC 69 - Auva'a v ACC (28 April 2021) [pdf, 312 KB]

   ...course of rehabilitation and there is a real doubt about the ability of the appellant to do all the required tasks. In my view it is not appropriate for the appellant to be assessed for vocational independence on the basis of … a job that was not addressed in the rehabilitation process and which involves tasks for which her fitness is at least doubtful. [53] There needs to be a broad correlation between potential earnings and the amount a claimant receives in weekly compensation....

3. [2017] NZEnvC 116 The Architectural Centre v Wellington City Council [pdf, 1.2 MB]

   ...ground floor (together with storage areas) and 75 maisonette style two-bedroom apartments on the upper floors. The roof level contains communal laundry washing and drying facilities. The property was built by the Crown and managed by Housing New Zealand Corporation and its predecessor organisations until the site was purchased by the University in 2014. Mr Gordon Wilson, the then Government Architect, and under whose management the building had been designed, died shortly before c...

4. Auckland Standards Committee v Johnston [2011] NZLCDT 14 [pdf, 207 KB]

   ...immediately rectified. We do consider that this was a relatively isolated oversight which is less serious than the other aspects of this Charge. [33] Particular (b) involved the purchase by a client Ms R of a $100,000 mortgage held by a financial services company of which the practitioner was the sole shareholder and director. There is no documentary evidence that the client was aware that she was purchasing this mortgage from Mr Johnston or his solely owned company. However, i...

5. [2023] NZEnvC 088 Barr Family Trust v Wakatane District Council [pdf, 450 KB]

   ...left for further consideration. We note the objection of Mrs Assink to an extension based on a concern that it would affect the sun received by her flower garden and the access to the bank area to maintain the screening, particularly with the new plantings. Given our conclusion that the noise levels were acceptable, we conclude that it is difficult to justify the cost of extending the fence simply on the basis of potential noise attenuation. We accept the experts do not agre...

6. Accident Compensation Corporation v Smith [2015] NZACA 05 [pdf, 161 KB]

   ...decision was one of fact, which could not be cured on appeal to the High Court, since the appeal right 7 was confined to questions of law. Accordingly, it is contended, recall was available, given that the error could not have been addressed by an alternative remedy (namely, an appeal to the High Court). Additionally, according to Mr Smith’s counsel, the decision in the High Court dismissing the appeal is irrelevant, given that the recall obtained here was based on an...

7. [2024] NZEmpC 148 Jeon v A Labour Inspector [pdf, 217 KB]

   ...of the Charities Act 2005: “Charities Register” Charities Services│Ngā Ratonga Kaupapa Atawhai <www.register.charities.govt.nz>. (i) identifying the employer was one of the matters before the Authority so the subject can be addressed again in this challenge; and (ii) she was a party to the matter before the Authority and is entitled to raise this subject in the challenge. (e) There was no proper basis for the Authority’s conclusion that Mr Jeon and Ms Leem...

8. [2018] NZEnvC 205 Cossens v Queenstown Lakes District Council [pdf, 14 MB]

   ...open pastoral character near SH6, a key tourist route". Further, it is clear from UCESI's submissions that the Society is sincerely concerned with an issue of real importance under, as we shall see, both the operative district plan and a new proposed plan: that of cumulative effects of residential buildings in the rural landscapes of the district. That is a valid and potentially serious concern which we will bear in mind throughout the decision. [7] After mediation (not in...

9. Williamson v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 002 [pdf, 356 KB]

   ...physician in occupational medicine) and Doctor Rueben Johnson (neurosurgeon) demonstrate ongoing failure to control head pain and other factors, which mean an assessment at this time would be premature and inappropriate.”) I note that the proposed new appointment is earmarked for the much later dated of 20/3/18. As that is some five weeks away (in which time there could foreseeably be a significant improvement), I suggest you touch base with me early March to establish if the pos...

10. Pratt v General Distributors Limited [2025] NZHRRT 5 [pdf, 337 KB]

    ...feature (or lack thereof) of all or part of a group and results in that group being treated differently on a prohibited ground. A Canadian example we will refer to is a policy in a public health system which does not fund the provision of translation services to deaf patients who could otherwise use state care. The provision did not mention deafness, and did not explicitly exclude deaf patients from the benefit of state care, but a failure to provide translation services to deaf patients...