Search Results

1. [2013] NZEmpC 121 Thunderbird One Ltd v Harrington [pdf, 52 KB]

   ...plaintiff”. However, other than in the intituling, the statement makes no reference to the “first plaintiff” and seeks no relief on behalf of that company. The application for extension of time was made solely by Thunderbird One Limited. The form of these documents reflects the Authority’s conclusion in its first determination that the applicant was the respondent’s employer. That determination was not challenged. On the material currently before the Court, there is n...

2. Options for resolving remaining Canterbury earthquakes insurance disputes [pdf, 371 KB]

   ...establishing an arbitration tribunal with an inquisitorial focus as an alternative pathway for claimants, EQC and insurers to resolve disputes. It states: 36.1. Principles by which the tribunal will operate include: • Fast track: no delays at request of insurance companies; • Decide claims based on equity and good conscience; • Allow compensation for distress caused by undue delay by insurers; 36.2. Claimants will face no costs to access the tribunal and the adjudicator will a...

3. [2020] NZEmpC 37 Kang v Lee [pdf, 353 KB]

   ...appear ready for the Authority to consider. Against that background, Mr Lee has belatedly sought an adjournment of the meeting, claiming that he has an urgent need to travel to South Korea. The explanation offered to the Authority to support this request was that he has business interests in New Zealand that are in some way funded by the Government of South Korea and it is necessary for him to attend, in person, in 1 See Employment...

4. EF v G Ltd NZDT [2021] 1530 (24 February 2021) [pdf, 229 KB]

   ...case the claim and counterclaim are essentially two halves of the same coin. The result must therefore be that if the counterclaim fails, the claim must succeed. 10. The rest of this decision addresses the substance of the counterclaim. The information provided by EF in his written claim and in the initial hearing is also taken into account in that context. 11. Following the second hearing on the counterclaim the issues to be addressed are now as follows: a) Was a debt due and...

5. Health services and outcomes inquiry media release [pdf, 578 KB]

   ...examine breaches of the Treaty of Waitangi in health services and health outcomes for Māori. An initial judicial conference, attended by more than 25 counsel, was convened at Pipitea Marae in May to discuss issues such as scope, eligibility, and how claims might be heard. The parties and the Crown have been directed to hold roundtable discussions over the next three months to further refine the scope, priorities and process for the inquiry and file bibliographies of available research....

6. [2011] NZEmpC 8 Service v YMCA Christchurch [pdf, 243 KB]

   ...view of the facts of the case and asking him to provide a full affidavit in answer to specific questions. He provided an affidavit on 10 December but has repeatedly refused any further response to the YMCA. [49] The lengthy email to Mr Tindall requesting an affidavit was actually written by Mr Zwart. Mr Zwart summarised the relevant events that had occurred back in January/February/March 2008 and then requested Mr Tindall’s response to a number of issues. One of those issues wa...

7. Cunliffe & Cunliffe v Helensville Primary School Board of Trustees (Costs) [2024] NZHRRT 28 [pdf, 173 KB]

   ...REPRESENTATION Mr RD Cunliffe and Ms RV Cunliffe in person Mr M Hutcheson and Ms L Wilkinson for defendant DATE OF HEARING: 28 – 29 August 2023 DATE OF DECISION: 31 May 2024 DECISION OF TRIBUNAL ON COSTS1 [1] Mr and Ms Cunliffe claimed that the Helensville Primary School Board of Trustees (the Board) interfered with their privacy by refusing information privacy requests that they 1 This decision is to be cited as Cunliffe & Cunliffe v Helensville Primary School...

8. Holmes [pdf, 89 KB]

   ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The submission dated 31 December 2009 from Mr and Mrs Holmes to the chief executive. The assessor’s report dated 20 November 2009. The letter from John Bansgrove of the Department of Building and Housing to t...

9. De Marco v Accident Compensation Corporation (Costs on Appeal) [2025] NZACC 27 (17 February 2025) [pdf, 230 KB]

   ...the conduct of the proceeding; and (c) necessary for the conduct of the proceeding; and (d) reasonable in amount. Discussion [11] In her second application, notwithstanding Ms De Marco expresses her claim for costs as disbursements, the sum claimed appears to be in the nature of a claim for damages involving in part a claim for pain, stress and suffering in consequence of the way she feels she has been treated by the Corporation. [12] A claim for costs on appeal by a successfu...

10. [2021] NZEmpC 35 Radford v Chief of New Zealand Defence Force [pdf, 415 KB]

    ...Zealand Defence Staff (Washington). The move was an internal one and the position was not advertised, but a new employment agreement was signed. [16] Ms Radford worked as a Personal Assistant until she successfully requested a return to her former position. Her return was effective from 20 August 2012. Another employment agreement was signed to record the move back to working in the Finance/Administration role. [17] In what would begin the final stage of Ms Radford’s empl...