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1. [2023] NZEmpC 233 Danske Mobler Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [pdf, 281 KB]

   ...proceeding to the Court on the basis of the first question, but not the second question. [55] I reserve costs. Since there was a mixed outcome, my provisional view is that costs should lie where they fall. If, however, one party or other chooses to file a costs application, I will receive memoranda. [56] The applicant should file a statement of claim by 4 pm on 7 February 2024. B A Corkill Judge Judgment signed at 11.30 am on 19 December 2023...

2. Samuela v ACC (Weekly compensation) [2024] NZACC 70 [pdf, 185 KB]

   ...entitlement to weekly compensation. [35] Mr Samuela’s appeal is therefore allowed, and the review decision is set aside. [36] Mr Samuela is entitled to costs. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors for the Appellant: Schmidt & Peart Law. Solicitors for the Respondent: Young Hunter, Christchurch.

3. Tao v Body Corporate 198693 [2023] NZHRRT 39 [pdf, 167 KB]

   ...parties are able to reach agreement on the question of costs, the following procedure is to apply: [60.1] The Body Corporate and Strata are to file their submissions within 14 days after the date of this decision. The submissions for Ms Tao are to be filed within a further 14 days with a right of reply by the Body Corporate and Strata within seven days after that. [60.2] The Tribunal will then determine the issue of costs on the basis of the written submissions without any further ora...

4. [2023] NZREADT 25 CAC 2102 v Hoogwerf (25 September 2023) [pdf, 238 KB]

   ...papers. In light of the gravity of the wrongdoing, the parties are invited to make submissions on whether the Tribunal should make an order under s 110(2)(e) of the Act. [44] The Committee’s written submissions on penalty orders are to be filed and served by 6 October 2023. Mr Hoogwerf’s submissions are to be filed and served by 20 October 2023. 10 Complaints Assessment Committee 409 v Ganesh [2018] NZREADT 19 at [115]; Complaints Assessment Committee 2108 v Rankin [2022...

5. RT v Earthquake Commission & IAG New Zealand Ltd [2023] CEIT 003 [pdf, 289 KB]

   ...represented that the sum settled was in relation to one claim only. 2. That he had not seen the breakdown of the settlement before it was later provided to IAG by EQC and which apportioned damage across three claims, and after this application was filed. 3. That he was advised by EQC that he was being paid an “up to cap” or “over cap” sum. [10] On this basis, the applicant seeks the shortfall from IAG as covered in paragraph 8 above. EQC’s position [11] EQC...

6. Fergusson v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 119 [pdf, 194 KB]

   ...4 Based on a NORMAL person who would work 40 hours per week - it would be quite simple to calculate an hourly rate based on the information at hand $67,000 divided by 2080 (40 x 52) = $32.21 gross per hour. [14] Mr Fergusson’s accountant filed the tax return for the company for the year ending 31 March 2021, which recorded Mr Fergusson’s earnings as a shareholder employee in the amount of $40,000. Mr Fergusson took drawings debited from his shareholder current account. [1...

7. Madoc v Accident Compensation Corporation (Revocation of Cover) [2023] NZACC 144 [pdf, 306 KB]

   ...accident description as “hurt lower back while hanging deer on top of rail”. [3] On 10 April 2007, PPCS Limited, as an accredited employer, advised that Mr Madoc’s lower back pain had been accepted as a work-related injury. (Note: The file does not disclose what the letters “PPCS” stand for [4] On 7 May 2007, Dr Patrick Medlicott, orthopaedic surgeon, provided a report. He wrote, in part: He has had episodic low back pain over the years, which is not at all unusual...

8. GP v Accident Compensation Corporation (Impairment Assessment) [2023] NZACC 55 [pdf, 194 KB]

   ...[23] In February 2012, the Corporation’s decision was upheld at review. The Reviewer noted that Dr Newburn did not have formal training in impairment assessments, whereas Dr Wright’s assessment had been peer reviewed. [24] An appeal was filed against the Reviewer's decision. The appeal was ultimately settled on the basis that the appellant's independence allowance be reassessed, taking into account her physical injury claim. [25] In October 2014, the appellant provi...

9. OIA Adoption Law Reform [pdf, 17 MB]

   ...Specifically, you requested: Please provide internal reports and communications relating to the timeframe for the adoption law reform work being undertaken by the Ministry of Justice from 1 April 2023 until the current date, including: 1. Reports, file notes, memos, and internal correspondence about the adoption law reform work being ‘on hold’ (as noted in Oranga Tamariki’s 2022-23 Annual Report p.36). 2. Reports, file notes, memos, and internal correspondence about the timef...

10. OIA-Compensation for wrongful conviction and detention - rates [pdf, 429 KB]

    ...https://www.gov.uk/claim-compensation-for-miscarriage-of- justice#:~:text=You%20can%20apply%20for%20compensation,conviction%20in%20a%2 0magistrate%27s%20court https://hmctsformfinder.s3.amazonaws.com/forms/guidance/index.htm https://researchbriefings.files.parliament.uk/documents/SN02131/SN02131.pdf https://www.mygov.scot/compensation-miscarriage-justice https://www.degruyter.com/document/doi/10.3138/9781487514563-022/html https://cdn-contenu.quebec.ca/cdn-contenu/adm/min/justice/prog...