Search Results

1. NO & NTO v Hakaoro [2013] NZIACDT 44 (01 August 2013) [pdf, 249 KB]

   ...have lunch with officials, whereby the officials would disclose lists of persons unlawfully in New Zealand and Mr Hakaoro would instruct them to delete particular names. Third visit to Mr Hakaoro [29] On 27 September 2011, the complainants were requested to return to Mr Hakaoro’s office. They did so, and were told: [29.1] To produce birth certificates for their two children born outside New Zealand. [29.2] That Mr Hakaoro would get funds from the New Zealand government to help tho...

2. [2025] NZEmpC 80  AJY v Chief Executive of the Department of Corrections [pdf, 162 KB]

   ...AJY could reasonably have been expected to have obtained it under the collective agreement. Therefore, I turn to consider whether any sum of retirement leave ought to be paid to AJY as a lost benefit. [7] Mr Hope submitted that AJY could have requested retirement leave or been medically retired. He said that the issue of whether or not they would have retired has been rendered irrelevant because of the dismissal and the Court’s findings about retirement leave. [8] However, M...

3. AFT v Tower Insurance Ltd [2022] CEIT-2022-0001 [pdf, 271 KB]

   ...could be taken into consideration when assessing the reasonableness of the lapse of time between the conclusion of the repair, discovering defects and asking Tower to remedy these defects, I find that the time lapse between late 2014 and making the request in 2022 is outside what can be considered as reasonable. [31] Accordingly, I agree that Tower cannot be required to remedy the alleged defects pursuant to s 32 (a) (i) of the CGA. However, the right to claim all reasonable costs to...

4. 2018 NZSSAA 007 (31 January 2018) [pdf, 241 KB]

   ...the police handed over their records to the Ministry, and the Ministry failed to disclose that they hold that material. However, the Ministry says that it received no such material and, instead, the Police only provided a very modest amount of information, which has minimal importance in relation to the appeals. The appellants adjusted their position during the hearing to accept that potentially the police may still have the documents. Either way, the appellants say they do not have...

5. LCRO 100/2019 & 168/2019 Company A Limited v WC and VB (30 April 2020) [pdf, 143 KB]

   ...fees. Mr WC [9] Mr WC says that letters of engagement are routinely sent out for every file opened, and that those refer clients to the terms of engagement on the firm’s website. Mr WC provided copies of emails sent by Mr TG’s assistants requesting urgent responses from Mr WC at various times in early 2017. He does not accept that the fees were unfair or unreasonable. 4 [10] The Committee was satisfied Mr WC had provided the information required by the rules, and did n...

6. UI Ltd & IC Ltd v JU Ltd & UT Ltd [2020] NZDT 1463 (14 July 2020) [pdf, 250 KB]

   ...not penetrate the wood and therefore would not be effective. (b) I am satisfied that there is a real risk that further beetles will exit the boards and cause damage and the only way of avoiding this is to replace the floor. Given the lack of information available about the Beetle, it is not known whether the Beetle can lay dormant before emerging as an adult and it is unfair for UI, as the customer, to take on the risk that the adult beetles will continue to emerge and damage the Timber...

7. Hearn v Parklane Investments Limited [pdf, 105 KB]

   ...Hearn & Ors v Parklane Investments Limited & Ors – INTERIM DECISION File No: TRI 2008-101-000045/ DBH 05356 Court: WHT Adjudicator: R Pitchforth Date of Decision: 30 April 2009 Background This is an interim determination relating to a claim filed by the trustees of the A Hearn Family Trust (the Trust). The Trust sought redress from the following parties believed to be responsible for their leaky unit: First respondent: Parklane Investments Limited (Parklane) –previous...

8. [2022] NZEmpC 19 Kang v Saena Company Ltd [pdf, 175 KB]

   ...not be included. Beyond this point of objection, counsel for the plaintiff made it clear that the plaintiff was content to leave the matter in the Court’s hands. [8] The defendant says that the translation is likely to assist the Court and forms part of its overall case. [9] The document may be included in the bundle for hearing. If the translation and/or any other documents in the bundle prove to be unnecessary, then that can be taken into account when assessing costs. A...

9. Adams v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 013 [pdf, 452 KB]

   ...The appellant, Warren Adams was employed as a meat processing worker by the second respondent (Silver Fern Farms) for some twenty-eight years. He challenges the decision of Work Aon, the accredited agent of Silver Fern Farms, which declined his claim for cover for lumbar spondylosis as a work-related gradual process injury. [2] Mr McBride informed the Court that following review of the submissions of the parties and the surrounding evidence, the Corporation would abide the decision o...

10. Beauchamp v Accident Compensation Corporation (Claim for costs on appeal) [2024] NZACC 24 [pdf, 149 KB]

    ...its discretion to pay the invoice on receipt, this was not a reviewable decision under section 68 of the Accident Compensation Act 2001. [5] On 1 September 2022, the appellant filed an appeal against the Reviewer’s decision. The Corporation requested a copy of Dr Newburn’s invoice. [6] On 16 November 2022, Ms Koloni, for the appellant, submitted Dr Newburn’s invoice to the Corporation for payment. [7] On 9 December 2022, counsel for the Corporation indicated that it would a...