Search Results

1. HB v Q Ltd [2024] NZDT 582 (26 August 2024) [pdf, 173 KB]

   ...is no basis to consider an award of compensation. Therefore, it is not necessary to consider the second issue. 9. In summary, the claim is dismissed. Referee: Sara Grayson Date: 26 August 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

2. Smith v Accident Compensation Corporation (Interest on weekly compensation) [2024] NZACC 139 [pdf, 185 KB]

   ...compensation on receipt of the medical certificate on 23 December 2004.2 [10] Mr Smith then claimed interest on arrears of weekly compensation for the period 4 October 1991 until February 2002. On 20 July 2007, the Corporation declined Mr Smith's request, and this decision was upheld on review. Mr Smith filed an appeal against the Reviewer’s decision. [11] On 30 May 2008, following an appeal hearing, Judge Cadenhead allowed Mr Smith’s appeal on the basis that he was ent...

3. Te Wini v Askelund (Removal of Second Plaintiff) [2015] NZHRRT 2 [pdf, 54 KB]

   ...hearing by Mr Askelund are to be filed and served by 5pm on Friday 16 January 2015. [6.4] The proceedings are to be heard at Auckland on Wednesday 4 February 2015. The venue is Hearing Room 5, Chorus House, 41 Federal Street, Auckland. [8] At the request of Mr Te Wini the timetable was amended in that the date for him to file his written statements of evidence was changed from 9 January 2015 to 20 January 2015 and the date for Mr Askelund to file his written statements consequently cha...

4. Miller-Hard v Stewart [pdf, 277 KB]

   ...moment. Therefore, I will issue this Determination which decides all other matters in this adjudication except for these two non-party claims for costs. 1.15 Mr Morrison, who was cited as the Fifth Respondent in this adjudication, made an informal application at the Hearing for recovery of his costs incurred when he was a party in the adjudication. He was struck out as a party in my Procedural Order No 6 on 11 March 2004. A formal claim for costs was made Claim No 0076...

5. KE Ltd v BO Ltd [2020] NZDT 1536 (18 June 2020) [pdf, 92 KB]

   ...necessary repairs to pass a COF check. 2. KE claims that BO kept delaying making a decision about the repairs, and became difficult to contact. On 12 February 2019, KE emailed BO stating “Your vehicle is now impacting our business”, and attaching formal notice that it would start charging a parking fee from the next day of $150.00 plus GST per day. The email and attached notice both ended, “To avoid further penalties, please contact us immediately.” BO did not respond to that emai...

6. IO v D Ltd [2024] NZDT 59 (13 February 2024) [pdf, 144 KB]

   ...on or before 5pm on 13 March 2024. If he does not collect the car D Ltd can dispose of it in any manner it sees fit but IO is not entitled to a refund. Referee: K O’Shea Date: 13 February 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

7. [2014] NZEmpC 148 Ngawharau v Porirua Whanau Centre [pdf, 53 KB]

   ...Knowsley, counsel for the defendant Judgment: 14 August 2014 INTERLOCUTORY JUDGMENT OF JUDGE A D FORD [1] The plaintiff, Mr Ngawharau, was initially represented in this proceeding by a lay-person, Mr C Moses. The statement of claim Mr Moses filed was defective. In the course of a telephone directions conference on 8 July 2014, Mr Moses informed the Court that Mr Ngawharau was in the process of engaging legal counsel to represent him. On the same day, I issued...

8. BORA Maungaharuru-Tangitū Hapū Claims Settlement Bill [pdf, 286 KB]

   ...articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to sections 20 and 27 (2) of the Bill of Rights Act. [4] Exclusion of Remedy of Compensation - clauses 30(3) and 34(3) 10. Clause 30(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with Te Kawenata (a partnership agreement between MTI and the Crown applying to a specified area). Clause 34(3) is a similar provision excluding any form of...

9. Taylor v Department of Corrections (Strike-Out Application) [2020] NZHRRT 42 [pdf, 137 KB]

   ...DATE OF DECISION: 20 October 2020 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] In 2014, while in prison, Arthur Taylor sent a letter to Brian Hunter. The letter was withheld by the Department of Corrections (Corrections). Mr Taylor requested that the letter be returned to him, however this request was refused by Corrections. Mr Taylor complained to the Privacy Commissioner. The Privacy Commissioner concluded there was a breach of information privacy principle (IPP) 6 a...

10. EMPC Form 2C - Notice accompanying statement of claim served outside NZ [doc, 28 KB]

    Form 2C Notice accompanying statement of claim served outside New Zealand Schedule 3, clause 5A, Employment Relations Act 2000 1 The plaintiff named in the attached statement of claim has commenced proceedings against you by filing a statement of claim in the Employment Court. 2 Even though you are outside New Zealand, the Court may hear and determine these proceedings. It may do so if the proceedings come within its jurisdiction. The grounds on which the plaintiff says that the proceeding...