Search Results

1. Hourly-rates.pdf [pdf, 108 KB]

   ...should retain sufficient documentary evidence and records to be able to support each claim in the event of an examination and/or audit under the Legal Services Act 2011. As part of the Ministry’s assurance programs, evidence and records may be requested for the purpose of ensuring the work completed was actual and reasonable and the provider has fulfilled their legislative, contractual and professional obligations. Further information Further information on providers hourly rat...

2. [2017] NZEmpC 98 Farmer Motor Group Ltd v McKenzie [pdf, 167 KB]

   ...word “notice” in the relevant section does not refer to the means of communication of the notice and that: Where there is a contractual right to provide payment in lieu of an employee working out the notice period, then provided the employer informs the employee that his employment agreement is being terminated under a trial period clause, when termination takes effect, that he will be paid in lieu of working out the notice period, this constitutes “notice” pursuant to s 67B...

3. [2021] NZACC 171 – Estate of Simpson v ACC (5 November 2021) [pdf, 175 KB]

   ...signature on a piece of paper given that since 2005 ACC automatically awarded the highest whole person impairment rating to those diagnosed with mesothelioma. [26] She also says that ACC should have a policy of sending lump sum compensation forms with its cover decisions for mesothelioma. Decision [27] In this case the late Mr Simpson died of malignant mesothelioma on 25 June 2019 at the age of 78. He had been diagnosed with mesothelioma, according to the joint statement of f...

4. BS Ltd v UN [2024] NZDT 164 (11 April 2024) [pdf, 166 KB]

   ...the value of the materials required to remedy any defect only. Conclusion on Quantum 43. I have found that one of the rafters and the associated purlins need adjustment. I have also found that the roofing iron on the western elevation has deformed at the purlins due to the frame deflections and needs replacement. I have also found that the ridge capping requires replacement. 44. UN has provided a repair costing that addresses these concerns in the adjusted amount of $36,526.88....

5. [2014] NZEmpC 187 Walker v Delta Community Support Trust [pdf, 187 KB]

   ...Cavell Leitch Law who from that point on provided advice in relation to the Trust’s employment issues with Mrs Walker. 9. On 27 February 2012 Mr Weir and the Board’s then chair Helen Slot-Brand had an initial meeting with Mrs Walker to inform her that 4 See for instance Julian v Air New Zealand Ltd [1994] 2 ERNZ 88 (EmpC); and New Zealand Police Assoc Inc v Commissioner of Police [1995] 1 ERNZ 658 (EmpC). certain all...

6. [2023] NZEmpC 92 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 331 KB]

   ...on the particular points which needed further evidence. For the purposes of the unions’ challenge, Te Whatu Ora had filed an affirmation from Ms Vant, its junior counsel. She outlined the process that had been undertaken and provided some information as to why the public interest privilege had been claimed. At the hearing, senior counsel for Te Whatu Ora, Ms Casey KC, told the Court the defendant would be prepared to file further evidence elaborating on certain paragraphs of Ms...

7. HM v B Ltd [2021] NZDT 1553 (3 August 2021) [pdf, 238 KB]

   ...that although there were pre- existing issues with the Trailer, these did not cause or contribute to the Event, rather, the bolts sheared off when the Trailer jack-knifed into the Ford. 12. Having carefully considered the available evidence and information, I find that HM has proved, on the balance of probabilities, that B Ltd breached the duty it owed him by not taking reasonable care with the Trailer (ie B Ltd was negligent), and this caused the damage to the Ford. I make this findin...

8. Henderson v Accident Compensation Corporation (Personal Injury) [2022] NZACC 216 [pdf, 205 KB]

   ...assault, when she was pushed downstairs and kicked in the back. She suffered bruising in that accident but no fractures.1 [6] In early 2001, Ms Henderson contacted the Corporation to seek entitlements on her 1982 and 1998 injury claims. Medical information was obtained by the Corporation, which included several reports from Mr Gordon Howie, Orthopaedic Surgeon, who had treated Ms Henderson from February 2001 onwards. [7] On 21 May 2001, Mr Howie, having reviewed Ms Henderson...

9. LK v H Ltd [2022] NZDT 28 (1 March 2022) [pdf, 181 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 Was the parties’ contract frustrated, such that LK is entitled to a refund? 4. A contract is frustrated when an unforeseeable event occurs, for which the parties made no provision, and makes performance of the contract something radically different from that which was originally agreed. When a contract is frustrated, sums payable under the contract cease to be payable and sums already paid (including non-refundable deposits/payments)

10. SI v NI & DI [2022] NZDT 218 (29 November 2022) [pdf, 104 KB]

    ...DI and that it may have has such a switch installed. 5. DI had purchased the truck a very short time before he on-sold it to SI. When asked by the Tribunal (on two occasions) what price he purchased the truck for, he refused to provide that information. 6. Any applicant to the Tribunal has the task of establishing the legal and factual elements of its claim to the required standard. That standard is the balance of probabilities which means what is more likely than not. CI03...