Search Results

1. Recording Industry Association of New Zealand v Telecom NZ 4451 [2013] NZCOP 15 [pdf, 146 KB]

   ...Love” was not on their computer (or on any other computer which may have been used at the Respondents’ IP address), and that a friend had looked at their computer and confirmed that uTorrent had been deleted. No Hearing [21] Neither party has requested a hearing, and the Tribunal sees no need to convene one. Accordingly, the application is being determined on the papers pursuant to s.122L of the Act. Discussion and Findings In what Circumstances is the Applicant entitled t...

2. Balich v Standing [2012] NZIACDT 42 (24 August 2012) [pdf, 115 KB]

   ...the agreed services, Mr Balich says Mr Standing failed to refund the fees he had been paid. Mr Balich was put to the expense of making a new application after terminating Mr Standing’s engagement. [3] Mr Balich provided evidence to support his claim, and despite the Tribunal requesting that Mr Standing provide his records and deal with the complaint, Mr Standing has not responded. [4] The Tribunal has found the material before it supports the complaint, and it has been upheld. The...

3. Committee on the Elimination of All Forms of Racial Discrimination – summary record 18th-20th reports (continued) [pdf, 117 KB]

   ...and information submitted by States parties under article 9 of the Convention (continued) Eighteenth to twentieth periodic reports of New Zealand (continued) United Nations CERD/C/SR.2222 International Convention on the Elimination of All Forms of Racial Discrimination Distr.: General 15 April 2013 English Original: French CERD/C/SR.2222 2 GE.13-41358 The meeting was called to order at 10.05 a.m. Consideration of reports, comments and information submitted...

4. [2020] NZEmpC 28 Talbot Agriculture Ltd v Wate [pdf, 368 KB]

   ...intervals of time in paragraph [6](c) and (d) need to be explained. The first period of time (2 May until 11 June 2016) was the Authority’s calculation encompassing the assessment Mr Wate underwent at the beginning of May and for the work he performed from 10 May onwards. In the absence of any evidence about an agreed rate of pay for that work, the Authority applied the Minimum Wage Act 1983 and the applicable Minimum Wage Order, using Mr Wate’s diary as the only available rec...

5. Austin v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 59 [pdf, 257 KB]

   ...had DISH. She was unable to say, however, when these changes first occurred because there were no x-rays taken before 2011. 6 [14] Dr Holtzhausen then went on to discuss the pathogenesis and aetiology of DISH. She described it as a bone-forming disease, and explained that vitamin A and its derivatives have the ability to promote new bone formation. She said: The main skeletal abnormality described in synthetic retinoid treated patients is identical to DISH. Yoder was the firs...

6. [2016] NZSSAA 005 (16 February 2016) [pdf, 77 KB]

   ...amount of $12.50 per week for alternative medical treatment was included in his Disability Allowance. Arrears were paid for the period 21 May 2014 to 2 December 2014. [5] The appellant was then invited to withdraw his appeal. It now appears that that request was inappropriate. Fortunately the appellant declined to withdraw his appeal and accordingly the matter was set down for a Directions Hearing on 10 March 2015. [6] The appellant attended that hearing but indicated to the Authority that...

7. Smethurst [2015] NZWHT Auckland 2 [pdf, 139 KB]

   ...owners to seek a review of MBIE’s decision that the claim does not meet the eligibility criteria. I further noted that any such application for review must be filed within 20 working days of receiving the relevant notice from MBIE. I accordingly requested Mr Smethurst to send me the following information:  A copy of the notice from the Department of Building and Housing or MBIE declining eligibility.  Copies of documents that he referred to that established that building...

8. Equal Pay Amendment Bill Supplementary Order Paper [pdf, 157 KB]

   ...formally vetted for consistency with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). However, it is possible for the Attorney-General to bring the House’s attention to relevant matters under Standing Order 372(1), and you have requested that this Supplementary Order Paper be formally vetted. 3. Therefore, we have considered whether the Equal Pay Amendment Bill Supplementary Order Paper (‘the SOP’) is consistent with the rights and freedoms affirmed in the Bil...

9. LCRO 209/2016 YH v SM (27 November 2018) [pdf, 144 KB]

   ...2016, [4]. 2 At [10]. 3 Issue 1: Did Mr SM give incorrect advice in relation to the issue of Court proceedings by Mrs YH and if so, did his conduct constitute either unsatisfactory conduct or misconduct? Issue 2: Did Mr SM by agreeing to a request from opposing counsel to put Mrs YH’s proceedings on hold allow Mr YH proceeding “to catch up” so that matters could be dealt with together, constitute conduct which is either unsatisfactory conduct or misconduct? [14] The Co...

10. [2023] NZEmpC 39 Wilson-Grange Investments v Guerra [pdf, 226 KB]

    ...Schedule A to the agreement set out a summary of Mr Guerra’s terms and conditions of employment. It provided that Mr Guerra was to be paid at a rate of $22 per hour and that the “(Minimum Guaranteed) Hours of work” was 35 hours; he could be requested to work in excess of these hours but was free to decline and there was to be a minimum engagement of two hours per shift. [9] Mr Guerra was appointed to his position in October 2019 by Ms Wilson, who was initially his line mana...