Search Results

1. [2018] NZEmpC 76 Marx v Southern Cross Campus Board of Trustees [pdf, 382 KB]

   ...2013, Mrs Marx was suspended. A further disciplinary process was commenced by SCC and a separately constituted Discipline Committee considered the same matters as those considered by the first Discipline Committee apart from a procedural breach in requesting leave and one further incident occurring in January 2013. The second Discipline Committee reached a different conclusion from the first and decided that she should be dismissed. Mrs Marx was dismissed by way of a letter dated 7...

2. HRRT Statement of claim under the Health & Disability Commissioner Act [pdf, 422 KB]

   For more information visit www.justice.govt.nz/tribunals The Human Rights Review Tribunal Page 1 For more information visit www.justice.govt.nz/tribunals HRRT 06/09 - 2 Office use only: HRRT No Statement of Claim (under the Health and Disability Commissioner Act 1994) What is this form for? Use this form if you have a claim under Section 51 of the Health and Disability Commissioner Act 1994. Important Information 1. Please print in CAPITAL LETTERS 2. You need to file this claim for...

3. Gwizo v Attorney-General (Strike-Out Application) [2021] NZHRRT 20 [pdf, 170 KB]

   ...Dr JAG Fountain, Member Dr SJ Hickey MNZM, Member REPRESENTATION: Mr M Gwizo in person Ms HM Carrad for defendant DATE OF HEARING: Heard on the Papers DATE OF DECISION: 15 April 2021 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] Mr Gwizo filed this claim in December 2016. He alleges the use of an occupational personality questionnaire by the Ministry of Business, Innovation and Employment (MBIE) to assess applicants for the role of immigration officer...

4. AAX and AAY as Trustees of AP Trust v ZZF Ltd [2010] NZDT 18 (13 August 2010) [pdf, 87 KB]

   ...August 2010. Facts [1] In 2006, AAX and AAY purchased an insurance policy through HN (a banking corporation) for their property at [a place] (the “Policy”). The Policy was underwritten by ZZF Ltd. [2] This dispute arises from two claims made under the Policy: (i) The first claim was made on 2 August 2007 relating to damage done by tenants on or before November 2006 (the “2006 claim”); and (ii) The second claim was made following a burglary on or about 11...

5. Mota v Accident Compensation Corporation (Deemed cover decision) [2025] NZACC 47 (20 March 2025) [pdf, 342 KB]

   ...epicondylitis (4 July 2024). [2] The decisions were all made in relation to a personal injury by accident (PIBA) suffered by Mr Mota on 4 January 2023. [3] Mr Mota’s position is that the agreed facts give rise to three questions of law: a) When a claim is lodged for an injury known to be a gradual process injury, does the Corporation have a duty to investigate all likely causes of the diagnosed injury before declining cover or is the Corporation prohibited from doing so until...

6. LM v MH [2024] NZDT 659 (11 September 2024) [pdf, 174 KB]

   ...vehicle expenses. The applicant confirmed at the hearing of 6 June 2024 that her vehicle was insured at the time of the collision, but she had not notified her insurer of this claim in the Tribunal. The applicant has now confirmed that she has informed her insurer, but her insurer has not provided her with any advice on her claim for a refund of rental vehicle costs. [6] I am satisfied the insurer has been given notice of the proceedings and has determined not to take part. On that...

7. NI v J Ltd [2022] NZDT 112 (2 September 2022) [pdf, 211 KB]

   ...than the average person would experience. 31. Accordingly, the Tribunal finds that the Applicants have not proven this part of their claim and it must be dismissed. Referee: L. Mueller Date: 2 September 2022 Information for Parties Rehearings Page 4 of 4 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....

8. [2015] NZEmpC 203 Fredericks v VIP Frames and Trusses Ltd [pdf, 206 KB]

   ...disagreements between Ms Ashley’s sister and the proprietor of VIP, Mr Daniel Caldwell. [23] At the beginning of February 2014, Mr Fredericks was certified as unfit for work as a result of post-traumatic stress. At this point Mr Fredericks made a request to VIP to attend mediation. VIP was reluctant to go to mediation unless a specific reason for the request was provided. It appears that the purpose for requesting mediation was that Ms Ashley wished to ensure that when Mr Fred...

9. LCRO 2/2019 RCN and OCN as Trustees v MA, JS, LB and GD (27 May 2020) [pdf, 189 KB]

   ...the owner of the property would ultimately be accruing significant income from the property. [79] It seems, however, that Mr and Mrs CN did not ask for advice relating to the overall project. In their complaint, Mr and Mrs CN say that “they requested a Trust ([Name] Trust) be set up”. This implies that they went to Mr LB with a specific request. [80] In his response to the letter from this Office following the hearing, Mr LB says he was not asked for advice about the developm...

10. BM Ltd v YN [2015] NZDT 769 (23 February 2015) [pdf, 71 KB]

    ...costs? [11] The law is that these amounts can be claimed only where they are allowed for in contract, as the Disputes Tribunal cannot award costs (s 43, Disputes Tribunals Act 1988). [12] BB (for BM) maintained YN had signed a job authorisation form on 20 April 2012 which stated she accepted BM’s terms of trade, which included a right to charge costs (Clause 5). However, BM’s claim this document had most probably been signed by YN was not made out (on the balance of probabilit...