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  1. O'Brien v Accident Compensation Corporation (Challenge to impairment assessment) [2024] NZACC 120 (22 July 2024) [pdf, 206 KB]

    ...when a decision has been made can there be a right of review and if no right of review exists then s133(5) has no application ... The substance [of the communication in question] has to be analysed…. [47] … merely administrative issues and requests, do not amount to a ‘decision’ within the meaning of s.6 of the legislation. Whether a ‘decision’ has been made needs to be determined in the factual context and circumstances. Discussion [40] Ms Aubrey, for Mr O’Brien...

  2. Auckland Standards Committee v Comeskey [2010] NZLCDT 19 [pdf, 121 KB]

    ...facts: 30.1 Mr Comeskey had raised the issue of calling a milk powder expert with the trial Judge in Chambers during the course of cross-examination of Crown witnesses. 30.2 The backpack and scales were brought to Court during the trial at the request of Mr Comeskey so he could examine them. This was prior to Detective McKay giving evidence. Accordingly Mr Comeskey knew the backpack was at the Court and was available. 30.3 When Detective McKay gave evidence about which Mr...

  3. National Standards Committee v Denham [2017] NZLCDT 10 [pdf, 96 KB]

    ...efforts. [28] The relationship property proceedings were still on foot and had not yet come to a hearing. On 21 March 2014 Ms Denham instituted a private prosecution against Mr Clague. The charge was framed as “male assaults female”. The request for issue of a summons against Mr Clague went before a District Court Judge and was released shortly before 6 May 2014. In the meantime the Family Court had allocated a date of 28-30 May for the relationship property proceedings. [...

  4. Peita - Motatau 3H2[2019]Chief Judge's MB 337 (2019 CJ 337) [pdf, 362 KB]

    ...there were five owners. He stated that all owners had received notice of the hearing and there were no objections. He stated that the block was earlier partitioned “but never settled in Court.” He advised that the owners were living on these informal partitions and that rating was an issue. The two owners he represented wanted to be located in partition proposal 3H2A. The Court, after noting that the application was designed to give effect to a family arrangement among the owners,...

  5. QQ v TQ [2022] NZDT 41 (19 April 2022) [pdf, 102 KB]

    ...$980.00 to QQ on or before 5.00pm on 17 May 2022 Reasons 1. In April 2021 QQ sent TQ a message wanting to book accommodation in [Town] for a family holiday commencing on 30 August 2021. TQ is an accommodation provider through various platforms including [Website A], [Website B] and her own website [Website C]. QQ had stayed in one of her properties in 2020, which he had booked through [Website A]. TQ had advised him to contact her directly for any future bookings he wanted to ma...

  6. HI v BC Ltd [2024] NZDT 198 (28 March 2024) [pdf, 102 KB]

    ...the last two months $1,242.79. That obviously represents a significant reduction in business activity but is consistent with HI’s evidence. 15. For a business to be sold as a going concern both parties must be GST registered, there must be a form of payment, there must be a written agreement that the sale is as a going concern, everything needed to carry on the business must be included with the sale, and the original owner must operate the business until the day of sale. 16....

  7. Regulatory Impact Assessments

    ...Assessment: Tribunal Enhancements This Regulatory Impact Assessment provides an analysis of options to improve the efficiency of Ministry of Justice administered Tribunals. RIA - Tribunal Enhancements Regulatory Impact Assessment: Increasing the maximum claim level in Disputes Tribunals This Regulatory Impact Assessment provides an analysis of options to reduce barriers to getting justice for people with low-value civil disputes, and to generally improve the operation of the Disputes Tribunal....

  8. [2016] NZEmpC 37 Zespri International Limited v Yu third Interlocutory [pdf, 100 KB]

    ...2016 INTERLOCUTORY JUDGMENT (NO 3) OF CHIEF JUDGE G L COLGAN [1] The defendant, Joseph Yu, seeks further directions from the Court, in the absence of agreement between the parties, about key search terms to be provided to the independent information technology (IT) expert appointed by the Court. These terms will enable the analyst, Michael Spence, to undertake his forensic analysis of a laptop computer and two USB drives which have been the subject of previous interlocutory...

  9. Bamber v Monschau - Tahorakuri A No 1 Section 33A2 [2016] Maori Appellate Court MB 363 (2016 APPEAL 363) [pdf, 183 KB]

    ...judgment against the appellants for $10,687.50. 3 [6] Bruce and Kathleen Bamber filed an appeal against that determination (“the Second Appeal”), on 10 February 2016, which was then set down to be heard on 10 May 2016. 4 However, at the request of the trustees the Second Appeal was adjourned to 10 August 2016. [7] The First Appeal was heard on 17 February 2016. 5 By decision dated 29 June 2016 this Court upheld the appeal and the proceedings were remitted back to the Māo...

  10. [2020] NZEmpC 79 Kim v Smile Devon Ltd [pdf, 226 KB]

    ...(on the papers) Appearances: S Kang, counsel for applicant Judgment: 3 June 2020 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL (Application for freezing order without notice) Introduction [1] Hyunju Kim is a former employee of Smile Devon Limited (SDL). She is in the course of bringing proceedings against SDL in the Employment Relations Authority, alleging that she was unjustifiably disadvantaged during her employment, and unjustifiably dismissed