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1. [2014] NZEmpC 201 Dunn v Waitemata DHB [pdf, 128 KB]

   ...its mode of delivery or its timing. The letter was a focus of complaint by the plaintiff at hearing. I return to it later. [10] The plaintiff responded to the WDHB’s earlier letter of 5 May on 26 June 2008. The medical report that had been requested was not provided. A request was made for the WDHB’s Return to Work and Rehabilitation policy. This was provided by the WDHB by way of correspondence the same day. [11] The WDHB had sought a report from a specialist occupational...

2. Ryang v Auckland Council [2011] NZWHT Auckland 21 [pdf, 282 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-100-000060 [2011] NZWHT AUCKLAND 21 BETWEEN CHUN HEE RYANG Claimant AND AUCKLAND COUNCIL (FORMERLY NORTH SHORE CITY COUNCIL) First Respondent AND DAVID LEE Second Respondent AND THEOTESTO REYES Third Respondent AND PLASTER DEVELOPMENTS LIMITED Fourth Respondent AND PATON ROOFING SERVICES LIMITED Fifth Respondent AND WISE & ASSOCIATES LIMITED Sixth Respondent AND RUSSELL MATTHEWS

3. [2021] NZACC v Jones (5 August 2021) [pdf, 192 KB]

   ...Jones to the Law Society affects this recall application. Notably, Mr Jones presented no evidence to show that he had asked for an extension of time for filing submissions to await the outcome of this complaint. There is no reference to any such request in the 2019 Leave Decision. In reality, Mr Jones had more than eight months to file his written submissions in support of his application for leave. When he did not do so, he cannot now complain that the Authority acted unreasonably...

4. [2015] NZEmpC 138 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley [pdf, 415 KB]

   ...Ms Pidduck. This had two consequences. [3] The first was that when I asked Ms Pidduck whether there were indeed documents that would incriminate the defendants if disclosed, counsel could not respond without conferring with the defendants’ former solicitor. Until then, the Authority, the plaintiff’s counsel Mr Churchman, and the Court had assumed that there were such documents although this had not ever been confirmed by the defendants. On the hearing day, however, Ms Piddu...

5. Ashby v Ngati Awa Land Trust Board- Waimana Parish 790 (2002) 268 Rotorua MB 275 (268 ROT 275) [pdf, 361 KB]

   ...number of levels and not at all what the Trust Order intended. I accept however, that what has happened, has happened more by oversight then by intention to breach the Trust Order. Prudence I must then examine the balance of the borrowing and form a judgement as to its prudence or otherwise. Certainly the figures are not small. I note that the land and stock of the Trust were immune from creditors of the Runanga, but now that· Minute Book: 268 ROT 280 borrowing has been organ...

6. Steele v Board of Trustees of Salisbury School [2012] NZHRRT 20 [pdf, 83 KB]

   ...person Mr DM O’Neill for Defendant DATE OF HEARING: 16 December 2011 and 23 January 2012 DATE OF DECISION: 7 September 2012 DECISION OF TRIBUNAL Introduction [1] The case for Mr Steele is that when on 19 November 2010 he made a request under information privacy principle 6 for access to personal information about him held by the Board of Trustees of Salisbury School, the Board failed to make a decision on that request within the time limit fixed by s 40(1) of the Pr...

7. [2022] NZACC 180 — Coldrick v ACC (20 September 2022) [pdf, 176 KB]

   ...Compensation Act 2001] Introduction [1] This is an appeal from the ruling of a Reviewer dated 14 April 2022. The Reviewer issued a procedural ruling in relation to Fulton Hogan’s decision dated 10 November 2021 declining Mr’s Coldrick’s request for physiotherapy. Background [2] On 25 February 2020, Mr Coldrick twisted his right knee while standing on a boulder at work. His GP, Dr McGuire, lodged a claim for cover for a sprain of the right knee/leg. On 27 March 2020, th...

8. [2012] NZEmpC 177 Rimene v P J Doherty & Natusch Group Ltd [pdf, 61 KB]

   ...Doherty to proceed with his challenge out of time, those particulars will need to be provided before the Court can give directions under s 182(3)(b) of the Act as to the nature and extent of the hearing. [16] To advance the matter, the Registrar is requested to schedule a telephone directions conference with the parties in the near future to enable the Court to deal with these issues. Conceivably, one option the parties may wish to explore is joinder of both actions and proceedi...

9. BG Ltd v EE & DE [2020] NZDT 1557 (26 August 2020) [pdf, 218 KB]

   ...initial disclosure for each loan correctly, it failed to comply with some of the requirements for subsequent disclosures. 12. Every six months from the start of each loan, BG issued a Continuing Disclosure Statement. While most of the required information was included in these statements, BG did not disclose CI0301_CIV_DCDT_Order Page 3 of 5 the annual interest rate or rates during the statement period, expressed as a percentage or percentages (CCCFA s 19(1)(h)). 13. More signifi...

10. [2021] NZACC 146 – Buis v ACC (28 September 2021) [pdf, 248 KB]

    ...with Mr Buis that the “all information necessary” date should be the date of the Accident Compensation Appeal Authority’s review decision in Lewis7 which moved the date to 13 July 1992. [9] On 28 April 2017 Mr Buis wrote to the respondent requesting that it reconsider his entitlement to interest on the arrears ERC that had been paid to him in December 2006. His position was that interest on the payment should be calculated under the original s 72 (“the original s 72”) of...