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1. Consolidated Practice Directions 2016. [pdf, 139 KB]

   EMPLOYMENT COURT PRACTICE DIRECTIONS October 2016 Except to the extent that former Practice Directions are hereby revoked, these directions will apply in addition to those previously issued and which may be conveniently found on the Employment Court’s website at: http://www.employmentcourt.govt.nz/legislation-and-rules 1. Full Courts 1. Pursuant to s 209 of the Employment Relations Act 2000 the Chief Judge may direct that a full Court of three or more Judges shall hea

2. Morgan v ACC [2010] NZACA 10 [pdf, 80 KB]

   ...telephone. 2 [5] The appellant was granted cover and had his weekly compensation calculated and paid to him by State Insurance under the Accident Compensation Act 1972 (“the 1972 Act”). [6] The appellant was unable to return to any form of work due to his leg injury. [7] His leg was finally amputated in early 1977 and he was paid a lump sum for the loss of his leg in late 1977. [8] The Corporation continued to pay weekly compensation at an incorrect rate...

3. Harris v Accident Compensation Corporation (Entitlement to Surgery) [2022] NZACC 231 [pdf, 310 KB]

   ...moving and working”. [7] On examination, Ms Hansen noted: Spasm in the deltoid on anterior and lateral lift. Plan, carry on with physio etch (sic) for another month. [8] He was seen again by Ms Hansen on 5 January 2019 and a further ACC claim form was completed, with the diagnosis of “sprain tendon wrist or hand left side”. In this claim form, the accident date is shown as 28 December 2018. [9] On 10 January 2019, ACC accepted cover for the left wrist sprain. [10] I...

4. [2010] NZEmpC 50 Assured Financial Peace Ltd & Prosper With Us Ltd v Pais [pdf, 29 KB]

   ...power to order a stay of proceedings under the decision or order to which the application relates. (3) An order under subclause (1) or subclause (2)— (a) may relate to the whole or part of a determination or decision or order, or to a particular form of execution; and (b) may be made subject to such conditions, including conditions as to the giving of security, as the Authority or the Court thinks fit to impose. [4] The discretion is broad and the ultimate test is the interests of...

5. KN & NN v FO Ltd [2024] NZDT 69 (12 January 2024) [pdf, 137 KB]

   ...Terms say that before making its network available to any user, FO Ltd requires the user to agree to be bound by and comply with the End User Terms. This agreement is secured by the person’s internet service provider. The End User Terms state they form an agreement between the user and FO Ltd which may be enforced without any involvement of the internet service provider. 13. The clause which discusses liability for loss or damage to FO Ltd’s network is clause 2 which reads: �...

6. SC v U Ltd [2025] NZDT 38 (28 February 2025) [pdf, 144 KB]

   ...practice was not followed. 12. Examining the evidence, particularly the photos I note that the cracking is to the plaster joins between wall boards and in places it is bridged by paint, indicating that a crack has been repainted after the crack has formed, and then has subsequently re-cracked. What is the cause of the alleged damage? 13. Lightweight timber framed houses are not rigid structures. Wooden framed houses move under loadings from wind, due to thermal expansion and contr...

7. [2009] NZEmpC AC 37/09 Real Cool Ltd v Gunfield [pdf, 31 KB]

   ...until early June 2007 when she resigned, had been Real Cool’s administration manager responsible for Ms Gunfield’s employment with Real Cool and to whom Ms Gunfield reported for a short time. Despite the assertion of Grant Harford who was formerly and at relevant times the Chief Executive Officer of CSN, I conclude that Ms Maxwell was an employee by CSN and was authorised by that company to act for it in preparation for its takeover of the Real Cool and Versacold businesses in...

8. [2022] NZEmpC 86 Tupe v The Board of Trustees of Te Manawa o Tuhoe Trust [pdf, 233 KB]

   ...for Mr Tupe, Mr Madden offered him two dates, either Monday 20 January 2020 at 10 am or Tuesday 21 January 2020 at 3 pm. [12] After not hearing from Mr Tupe in relation to those dates, and following an attempt to engage with him, Mr Madden formed the view that Mr Tupe did not intend to communicate with him regarding interview dates and did not intend to take part in an interview. He decided to terminate Mr Tupe’s employment and did so by email on 20 January 2020....

9. Fahey & Anor v CAC301 & Ors [2015] NZREADT 69 [pdf, 92 KB]

   ...$2,000 each and ordered that they each be censured. [2] By notice of appeal received by this Registry on 18 May 2015, the complainants appealed the said CAC decisions although it may be they only sought to appeal against penalty on the basis of them claiming some form of compensation against the licensees. [3] In any event, in response to our case manager seeking to arrange a directions hearing for a timetable towards fixture, the complainants advised by telephone on 24 July 2015 th...

10. Shin v Whangarei District Council [2011] NZWHT Auckland 14 [pdf, 159 KB]

    ...Mr and Mrs Hay were not developers and although they engaged a number of contractors to carry out the building work they did not personally carry out any building work and had no building experience. The defects causative of the damage that now forms the basis of the claim were acts or omissions of the contractors working on the building site. The Hays actions in contracting those contractors does not make them developers.20 [51] I accept the submissions of Mr Magee that the c...