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1. Cooper v Hamilton Pharmacy 2011 Ltd (Pre-Trial Admissibility Ruling) [2018] NZHRRT 53 [pdf, 3.8 MB]

   ...allow Hamilton Pharmacy an opportunity to produce additional evidence. [15.4] The Tribunal is not bound by the same rules of evidence as a court. [16] In summary, Mr Cooper submits the evidence is the best available evidence of this aspect of his claim. To deny him the ability to have the evidence heard (and tested) would cause him substantial prejudice as it forms the foundation of a significant part of his claim. The evidence is relevant, not hearsay and Hamilton Pharmacy is already p...

2. Rostami v Accident Compensation Corporation (claim for weekly compensation injury) [2022] NZACC 240 [pdf, 170 KB]

   ...Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 5 October 2021. The Reviewer dismissed an application for review of: (1) the Corporation’s decision dated 15 April 2021 declining Mr Rostami’s request for weekly compensation in respect of his lumbar sprain injury of 31 March 2021; and (2) the Corporation’s decision that no deemed review decision was made in respect of a review application filed for Mr Rostami on 28 April 202...

3. BK v N Ltd [2023] NZDT 561 (14 November 2023) [pdf, 180 KB]

   ...Properties Ltd v Earthquake Commission [2015] NZHC 1690 at para 73. 2 See Woolley v Fonterra Co-Operative Group Ltd [2023] NZCA 266. CI0301_CIV_DCDT_Order Page 2 of 3 as receiving one coaching call, one squad call, and access to an app for logging information). This seems to be a reasonable exercise of N Ltd’s discretion, and I conclude that BK is not contractually entitled to any further refund. Referee: E Paton-Simpson Date: 14 November 2023 Page 3 of 3...

4. 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...

5. 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...

6. 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...

7. 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...

8. [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...

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. 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...