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1. Stewart v Accident Compensation Corporation (Costs on discontinuance of appeal) [2023] NZACC 108 [pdf, 153 KB]

   ...Hearing: On the papers Held at: Wellington by AVL Appearances: K Koloni for the Appellant P McBride for the Accident Compensation Corporation (“the Corporation”) Judgment: 3 July 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for costs on discontinuance of appeal] Introduction [1] The claim for costs in this matter relates to two appeals: (a) ACR 68/22, from the decision of the Corporation dated 9 March 2022 declining Ms Stewart’s requests for cost...

2. Director of Human Rights Proceedings v Hamilton [2012] NZHRRT 24 [pdf, 120 KB]

   ...husband and wife trading in partnership) sought access to the personal information held about them by Mr Hamilton. He concedes that with the exception of a “token gesture” which saw him release “peripheral” documents in December 2011, the requested access has not yet been given by him. The primary issue in these proceedings is whether Mr Hamilton has a proper basis for not complying with the request and if not, the nature of the remedies to be granted. 2 Preliminary matt...

3. INZ (Calder) v Ji [2019] NZIACDT 50 (19 July 2019) [pdf, 246 KB]

   ...with Mr Ji having no contact with them. It is further alleged that this resulted in false documents being filed with Immigration New Zealand, so it is said he has also been negligent. [2] Additionally, Mr Ji declared on a number of application forms that he had “assisted the applicant with recording information on the form”, but as he did not directly work with the clients, it is contended the declaration was dishonest or misleading. [3] Mr Ji admits this conduct and theref...

4. [2022] NZEmpC 222 Gumbeze v The Chief Executive of Oranga Tamariki [pdf, 225 KB]

   ...Bigson Gumbeze was employed as a registered social worker by the Chief Executive of Oranga Tamariki – Ministry for Children until he was dismissed on 15 December 2017. [2] In the Employment Relations Authority Mr Gumbeze’s personal grievance claim was unsuccessful.1 1 Gumbeze v Chief Executive of Oranga Tamariki – Ministry for Children [2022] NZERA 232 (Member Cheyne). [3] The Authority’s determination was dated 2 June 2022. The time available to Mr Gumbeze...

5. Malik v Auckland Council [2011] NZWHT Auckland 7 [pdf, 313 KB]

   ...upstairs deck adjacent to the master bedroom. Secondly, the Maliks noticed that the windows in the downstairs lounge area were causing leakage to the inside carpet walls and window sills, necessitating immediate repair. At that time they engaged Forme Developments Limited to effect repairs at a cost of $1,216.98. The third water ingress concern was leakage through the windows of the upstairs bedroom facing the front of the house. [19] Mr Malik stated that they made attempts ear...

6. [2025] NZEmpC 44 Mutonhori v Wairoa District Council [pdf, 276 KB]

   ...use and if so, to confirm whether permission had been given by the Chief Executive in advance of any private trips so that she could complete the Council’s Fringe Benefit Tax return correctly. [7] Mr Mutonhori did not supply the information requested. At the hearing, he continued to maintain that he had not been required to fill in an FBT form before and there was nothing in his employment agreement that required him to do so. [8] After he had not answered the Senior Financial...

7. AEB v ZVT Ltd [2011] NZDT 295 (30 May 2011) [pdf, 59 KB]

   ...defective goods for their market value (Laws of New Zealand Sale of Goods (online ed) at [285]). Decision [9] There was no breach of any condition as to sale by description because, in both deliveries, ZVT Ltd supplied Warrego bricks, as requested by AEB (s 15, SGA). [10] The bricks were fit for their purpose of being used in the construction of a house and therefore complied with any condition as to fitness for purpose (s 16(a), SGA). [11] The goods were of merchantab...

8. [2016] NZEmpC 93 Radius Residential Care Ltd v NZ Nurses Organisation [pdf, 72 KB]

   ...to be heard on Wednesday 10 August 2016, the plaintiff is seeking damages and penalties against the defendants on the basis of alleged unlawful strike action. [2] In an interlocutory judgment of Chief Judge Colgan dated 6 July 2016, issues of requests for disclosure of documents against the defendants were dealt with and resolved. 1 [3] The effect of the interlocutory judgment was that inter-parties document disclosure was not prohibited where penalties are included in the remedi...

9. Gengalo - Tuapou B8 (2004) 85 Ōpōtiki MB 110 (85 OPO 110 [pdf, 207 KB]

   ...any moves to establish ownership through the Maori Land Court; and (g) It is likely that the concrete foundation and septic tank cannot be removed without some damage to the land. In such a case there is a presumption that it was intended to form part of the land. I have found that the concrete foundation and septic tank are fixtures. Therefore there can be no compensation payable to the applicant. Minute Book: 85 OPO 113 This result may seem harsh but the reality is that anyo...

10. [2019] NZEmpC 151 Zhang v Telco Asset Management Ltd [pdf, 537 KB]

    ...employment relationship problem it was required to resolve. It stated Mr Zhang had been employed by Telco at its Wellington office for almost five and a half years until 14 April 2017 when his position was disestablished. Summary of relevant information [10] The Authority then referred to three particular topics. [11] First, it noted that Telco was one of a group of seven companies; and that, between August 2015 and early 2017, three of these were divested from the group.