Search Results

1. [2014] NZEMPC 113 Hayne v ASG [pdf, 112 KB]

   ...benefit from the guidance of a judgment. [2] The Employment Relations Authority (the Authority) heard and determined two personal grievances raised by ASG 1 against his employer, the Vice-Chancellor of the University of Otago. 2 First, ASG claimed that his suspension from employment constituted an unjustified disadvantage. ASG’s second personal grievance was that the final written warning issued to him by the Vice-Chancellor was a further disadvantage incurred by him in his e...

2. [2022] NZACC 70 – Cuervo-Hernandez v ACC (3 May 2022) [pdf, 191 KB]

   ...Cuervo-Hernandez applied for a review of the decision. [14] On 14 October 2020, Dr Ng reported again and diagnosed the injury diagnosis as lumbar disc protrusion and annular tear. The same day he filed a medical certificate with an additional diagnosis request for an L5/S1 disc annular tear and protrusion. [15] On 15 December 2020, a review proceeded regarding both the August 2020 and September 2020 Corporation decisions. On 31 December 2020, the Reviewer issued a decision qua...

3. [2022] NZACC 133 – Thomson v ACC (13 July 2022) [pdf, 224 KB]

   ...of Mr Thomson as to the substance of the appeal, and notes the following considerations. [28] First, this Court finds that the medical opinion of Dr Leathem, Neuropsychologist, is entitled to considerable weight. Her professional opinion was formed after an in-depth examination of Mr Thomson and after having read the notes and reports provided, including the CT scan report taken on the day of Mr Thomson’s accident. Dr Leathem concluded that any brain injury that Mr Thomson suf...

4. BX v DG & MX [2024] NZDT 378 (26 June 2024) [pdf, 109 KB]

   ...horse, and had accompanied her to Q to view [the horse]. TT provided a written statement, in which she said that she had had some reservations about [the horse] because of his size, and because BX had had some health issues. However, [the horse] had performed well in the trial rides, and there was nothing to indicate any potential issues. She said that DG’s mother, who had been present, said that [the horse] had had no behavioural problems. TT stated that she had not been told that [the...

5. KN & TK v V Ltd [2025] NZDT 107 (20 March 2025) [pdf, 215 KB]

   ...all of them have identified water coming from V Ltd’s property as the likely cause of the damage. 16. The engineer, BX from [Engineer Company], provided a written report for KN and TK. In the report BX says that aerial photos indicate that the former dwelling on V Ltd’s land (the brick stables) was built directly against the boundary with gutters that would have collected most rainwater falling in that area. He says that since the construction of the new townhouses, rainwater now run...

6. [2013] NZEmpC 154 Webb v NZ Tramways & Public Passenger Transport Employees’ Union Inc [pdf, 101 KB]

   ...Froggatt and Cross, were entitled to stand for office in the Union in accordance with its rules. Even if it they were not entitled to stand (which the Union denies), the Authority was correct, upon the defendant’s pleadings, in not acceding to the request for a compliance order. The Union also maintains that the allegation that the individuals concerned were not financial members cannot be sustained on the evidence. Allegations in the amended statement of claim as to fi...

7. TI(G)M v Hanning [2020] NZIACDT 11 (21 February 2020) Sanctions [pdf, 127 KB]

   ...seeks a refund of fees and reimbursement for the losses and expenses said to have been incurred as a result of the failure of Ms Hanning to “coordinate our immigration status in the manner she was contracted to do”. [13] The following is claimed: Ms Hanning’s fees $ 920.00 Immigration fees (South Island Contribution visa) $ 635.00 Lost income complainant Dec 2017 to Apr 2018 $ 16,800.00 4 Lost income partner Dec 2017 to Apr 2018 $ 14,800.00 New adviser’s fee...

8. [2022] NZACC 25 - Howard v ACC (2 March 2022) [pdf, 193 KB]

   ...GROUP LIMITED Second Respondent Hearing: 22 February 2022 Held at: Dunedin/Ōtepoti Appearances: P Sara for the appellant S Winter for second respondent Judgment: 2 March 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 25-26, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 9 February 2018. The Reviewer dismissed an application for review of the decision of Alliance Gr...

9. [2019] NZEmpC 144 CBA v ONM [pdf, 577 KB]

   ...hours per week backdated to 9 December 2018, based on a notional salary of $43,350 per annum. In a memorandum filed by Ms Dyhrberg on the same day, it was submitted CBA’s claim was misconceived and premature. Counsel also said that CBA had not requested reinstatement to ONM’s payroll. The Court was also advised that ONM hoped to be in a position to consult further with CBA within the next two weeks. [33] On 26 March 2019, Mr Henderson confirmed that CBA declined ONM’s off...

10. ACG Ltd v ZXX Ltd [2011] NZDT 157 (9 May 2011) [pdf, 112 KB]

    ...contractual analysis over the approach previously taken. That is to say, I have taken as my starting point what representations were made leading up to the formation of the contract, what terms and conditions were in place at the time the contract was formed, and whether the product supplied conformed with the specifications for the product ordered. When viewed through this framework, it is not apparent to me that the shipping label and the two per cent allowance for impurities po...