Search Results

1. [2012] NZEmpC 37 Anto v Planet Spice Ltd [pdf, 68 KB]

   ...for challenging a determination is understood. The answer may be for a very basic pro forma challenge to be lodged within the 28-day period so as to preserve the litigant’s rights and at the same time counsel could file and serve a memorandum requesting the Court to give directions that no statement of defence need be filed until the outcome of the legal aid application is known one way or the other. In that way, should the legal aid application be declined, the potential plaintif...

2. CoCA Fixed Fees Schedule Jul 2020 [pdf, 173 KB]

   ...Taking instructions, attending the client • Preparing application for legal aid • Attempting to contact the client • Closing the file • Reporting to client • Reporting to and invoicing Ministry of Justice Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/Order(s) Activity...

3. Needham v Accident Compensation Corporation (Binding effect of review decision) [2023] NZACC 146 [pdf, 271 KB]

   ...cover for an infection following hip replacement surgery on 10 August 2012. The date of the treatment injury is 21 August 2014, which is the date that Mrs Needham sought treatment for the symptoms of the treatment injury. [7] In 2015, Mrs Needham requested ACC funded assistance for the boiler system at her home. In her letter of 20 July 2015, she said she was unable to lift the 20 kilogram bags of wood pellets up to chest height to load into the hopper. She said that the costs of...

4. FG Ltd v SB & ID Ltd [2023] NZDT 173 (7 June 2023) [pdf, 120 KB]

   ...previous days driving on that road he had not hit it. He rang and reported the incident. 10. ST said both respondents had a duty to maintain the roads or to warn motorists of potholes like this. 11. ST said he asked SB for months to give him information about its inspection of this stretch of road and it ignored him. Inspection reports were produced at the second hearing and indicate that stretch of road was the subject of an inspection 4 days earlier by ID Ltd. The report does not...

5. TN v K Ltd [2023] NZDT 649 (1 December 2023) [pdf, 180 KB]

   ...that it is not proven that K Ltd failed to exercise reasonable care and skill when it carried out the re-build, and TN’s claim must be dismissed. Referee: Nicholas Blake Date: 1 December 2023 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...

6. QA v FI & II [2024] NZDT 231 (6 March 2024) [pdf, 127 KB]

   ...need to consider the question regarding whether $30,000.00 is a reasonable amount of compensation. 14. For the above reasons, the claim is dismissed. Referee: L Thompson Date: 6 March 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...

7. TT v JN [2024] NZDT 344 (15 May 2024) [pdf, 95 KB]

   ...have failed to prove that it is more likely than not that JN was driving without reasonable care and skill. 10. The claim by TT and J Ltd is therefore dismissed. Referee: K L Hoult Date: 15 May 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 r...

8. Waitangi Tribunal - Part 5 Te Urewera [pdf, 2.1 MB]

   ...the Crown over ownership of lakes ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 20 .4 .2 What was the Crown’s response to the Maori claims for legal ownership of the lake ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 20 .4 .3 What w...

9. Wilton TRI-2021-100-002 Procedural Order 7 [pdf, 225 KB]

   ...to considering the pleadings only and may assess evidence in determining whether to remove a party.6 Ellis J has observed that if the Tribunal is to hear and determine claims in an “expeditious and cost-effective way, [it] must be able to perform an active gate-keeping role in terms of both the joinder and removal of parties”.7 This can include the early receipt and assessment of evidence. [17] In circumstances where the evidence is contentious or challenged, or a party’s...

10. [2010] NZEmpC 79 Silver Fern Farms Ltd v North [pdf, 50 KB]

    ...position as here. Mr Mitchell’s argument would advance the case for employees a step further. Wyatt says that not only must there be an awareness of the act or omission but the 90 day period does not begin to run until the employee considers (forms a “reasonable belief”) that the employer’s action was unjustifiable. Mr Mitchell’s argument goes one step further, however, and would have three necessary constituents: the awareness or appreciation of the act or omission, th...