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1. Rafiq v Commissioner of Inland Revenue [2012] NZHRRT 12 [pdf, 106 KB]

   ...REPRESENTATION: Mr Rafiq in person (no appearance) Mr E Child and Mr T Hallett-Hook for Defendant DATE OF HEARING: 11 April 2012 DATE OF DECISION: 23 May 2012 DECISION OF TRIBUNAL Introduction [1] By letter dated 25 February 2011 Mr Rafiq requested access to the personal information held about him by Inland Revenue. Initially that request was not replied to. Only after a complaint was made to the Privacy Commissioner did Inland Revenue respond on 16 May 2011, some 2...

2. Kaur v Accident Compensation Corporation (Suspension of Entitlements) [2024] NZACC 25 [pdf, 311 KB]

   ...December 2022 suspending Ms Kaur’s entitlements. 2 Background [2] Ms Kaur, born 1987, worked as a packer and freight handler. [3] On 7 March 2020, Ms Kaur suffered an injury when lifting a heavy box. [4] On 10 March 2020, an ACC injury claim form was filed by Dr Vandana Rasela, GP, for Ms Kaur, for an elbow/forearm sprain and wrist ligament sprain on the right side, said to have occurred on 7 March 2020. Ms Kaur was certified unfit for anything other than light duties fo...

3. [2012] NZEmpC 64 Wade v Hume Pack-N-Cool Ltd [pdf, 76 KB]

   ...took place more than four years ago, as did the determination of it. There is no explanation for the significant delay in applying to the Authority to reopen its investigation. Nor is there any suggestion that the circumstances leading to the request for a reopening had only come to Mr Wade’s notice recently. Indeed the contrary is true, that is, he seeks to put forward the same allegations and, although asserting that he can “now prove my fraud allegations”, there is no in...

4. Popa v Canterbury University (Strike-Out Application) [2018] NZHRRT 1 [pdf, 255 KB]

   ...DL Hart, Member Dr SJ Hickey MNZM, Member REPRESENTATION: Dr Popa in person Ms P Shaw for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 25 January 2018 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM1 INTRODUCTION [1] These proceedings for a breach of Human Rights Act 1993 were brought against the University of Canterbury by Dr Gabriella Popa in June 2016. By amended application dated 3 February 2017 the University has appli...

5. [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...

6. McGregor v Jensen [pdf, 89 KB]

   WEATHERTIGHT HOMES TRIBUNAL CLAIM NO. TRI 2008-100-94 BETWEEN JOAN McGREGOR, DAVID GRAHAM SMITH & JOHN PHILLIPS Claimants AND WILLIAM RAYMOND JOHN JENSEN (Bankrupt and therefore Removed) First Respondents AND ANDRE SCOTT KEMP-UPTON (Removed 16 October 2008) Second Respondent AND AUCKLAND CITY COUNCIL Third Respondent AND ROLLO ROOFING LIMITED (Removed 29 November 2007) Fourth Respondent AND MASTERBUIL...

7. AQ v ZJ [2014] NZDT 562 (16 April 2014) [pdf, 74 KB]

   ...was paid? (d) Did ZJ breach the contract by failing to pay for 32 bales? (e) If so, is AQ entitled to claim $1,710? Law and Decision Was it agreed that 32 bales were to be purchased? [4] The relevant law is the law of contract. A contract is formed when both parties decide to exchange something of value. In order to be bound by a contract, both parties must be certain about the essential terms of the contract. In this case, there is some disagreement about how many bales were...

8. [2019] NZEmpC 89 Martinsen v Target International (NZ) Ltd [pdf, 218 KB]

   ...[1] The plaintiff, Mr Martinsen, has challenged a determination of the Employment Relations Authority that found that Mr Martinsen’s dismissal by the defendant, Target International (NZ) Ltd (Target), was justified.1 [2] In his statement of claim, Mr Martinsen refers to a telephone discussion between him and Mr Bielby, the Managing Director of Target, on Friday 14 July 2017. The conversation Mr Martinsen refers to in his statement of claim included a proposal...

9. [2014] NZEmpC 44 Fox v Hereworth School Trust Board No3 interlocutory [pdf, 74 KB]

   ...is a memorandum from Superintendent Sam Hoyle to Kevin Kelly, Chief Police Legal Adviser dated 7 January 2010. This document may be privileged (the privilege being Superintendent Hoyle’s and/or the Commissioner’s) in the sense that it is a request for legal advice. Just how this has come into the possession of ACL is not clear and that may indicate a waiver of privilege on the part of Superintendent Hoyle and/or the Commissioner. The memorandum deals with the complaint by Mrs...

10. GQ v M Ltd [2015] NZDT 1499 (30 April 2015) [pdf, 186 KB]

    ...DN asked GQ to sign up for a twelve-month contract for a Marketplace listing and Google AdWords campaign, while GQ asked if he could have a one- month trial. Eventually GQ signed his name on the screen of an iPad and also signed a paper direct debit form. 2. Within twenty-four hours, M Ltd set up a basic Marketplace listing for the business. On 12 July 2014 when DN rang, GQ said he did not wish to go ahead with the advertising. DN had copied bank details from GQ’s phone onto the direct...