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1. Tangi v ACC [2013] NZACA 9 [pdf, 35 KB]

   ...settled law that the contended point of law must be capable of bona fide and serious argument to qualify for the grant of such leave to appeal. Care must be taken to avoid allowing issues of fact to be dressed up as questions of law as appeals on the former are proscribed. However a mixed question of law and fact can amount to an error of law. [5] Even if the qualifying criteria are made out, this Court has an extensive discretion I the grant or refusal of leave so as to ensure...

2. [2016] NZSSAA 50 (31 May 2016) [pdf, 44 KB]

   ...steps to recover the debt, pursuant to s 86(1) and s 86A of the Social Security Act 1964. The appeal was adjourned for that purpose. [3] Ultimately, submissions were not received from the appellant until 27 November 2015. The appellant was then requested to provide information about her financial circumstances which had been omitted from her earlier submission. Further submissions were received on 14, 21 and 24 December. A Ministry response to these submissions, including calculation...

3. IB v QY LCRO 242 / 2010 (10 February 2012) [pdf, 86 KB]

   ...been drafted by members of the company with the assistance of the AEP and its legal counsel. One of the partners, Mr AZ, acted in that matter, and suggested a few minor changes, but neither he nor anyone else in the firm was involved in the final form of agreement or its signing. [3] The Agreement provided for the eventuality of a member leaving the company either voluntarily or compulsorily (due to default by the Shareholder), or by death. By clause 17, the Agreement provided f...

4. [2017] NZEmpC 163 Briscoe v Oceania Dairy Ltd [pdf, 192 KB]

   ...benefit of a performance appraisal, was not treated with dignity and respect, and was not provided with adequate information about key performance indicators for her job. It is possible that other aspects of the management of Ms Briscoe’s work formed either parts of these claims or separate allegations of unjustified disadvantage. [6] The Authority dismissed all of these alleged grievances because they had been raised outside the 90 days allowed for doing so in the Employment Rela...

5. Director of Human Rights Proceedings [Lightbody] v Corrections (Joinder of Second Defendant) [2018] NZHRRT 32 [pdf, 234 KB]

   ...relevant events and at least two CCTV cameras recorded the alleged assault and associated aftermath. Subsequently the footage from at least one of the CCTV cameras was deleted or lost. [6] When in December 2015 Mr Lightbody made an information privacy request for a copy of the CCTV footage relating to the incident for the purposes of considering a civil claim against Corrections, Corrections declined, relying on s 27(1)(c) and s 29(1)(a) of the Privacy Act 1993 (PA). It claimed disclo...

6. [2015] NZEmpC 225 Lumsden v Skycity Management Ltd [pdf, 206 KB]

   ...submission was that they were frivolous because they could not succeed. Section 149 was said to be the stumbling block. [23] Section 149(3) provides that: Where, following the affirmation … the agreed terms of settlement to which the request relates are signed by the person empowered to do so, - (a) those terms are final and binding on, and enforceable by, the parties; and … (b) except for enforcement purposes, no party may seek to bring those terms before the A...

7. Form-15_Waitangi-Tribunal-Amendment.pdf [pdf, 193 KB]

   Legal Aid Services use only Approve Further information Refuse Version 21 – October 2023 page 1 10/23 form 15 Amendment to Grant Waitangi Tribunal Proceedings Legal Aid File No. Date Covers the period from to Customer WAI Number Provider Inquiry Stage of Inquiry for this Claim Stage 1 – Case Book Stage 2 – Interlocutory Conferencing Stage 3 – Hearing Lead Provider Provider 2 Other Provider Numb...

8. Apply for a review

   ...you will be notified when you get to the point where you can file a challenge with the Authority. If you want the Authority to review this decision, you must apply within two months from the date you are advised of Inland Revenue's decision. Use this form to apply: Notice of claim How much does it cost? It costs $552 (including GST) to apply for a review. This fee can be paid online using File and Pay What you need to send us You need to send us 3 copies of this form, Inland Revenue’s decisio...

   Located in:

   1. Tribunals >
   2. Taxation and Charities Review Authority >
   3. Tax Disputes

9. [2014] NZEmpC 167 Rothesay Bay Physiotherapy (2000) Ltd v Pryce-Jones [pdf, 123 KB]

   ...is successful. Although this is not elaborated on in any further detail, I am confident that these very well recorded events in the Authority and this Court would be persuasive grounds to be put before the Commissioner of Inland Revenue with a request to reassess tax decisions, if it comes to that. Alternatively, there is sufficient flexibility in the orders for compensation that the Authority and the Court can make, to compensate for any such losses if they are otherwise irremedi...

10. [2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School [pdf, 285 KB]

    ...for the plaintiff took me to aspects of the written correspondence.10 [20] It is correct that Ms Pretorius did not refer to a grievance per se; however, that is not essential.11 [21] The defendant says that the letters do not include any information from which it could conclude that the plaintiff alleged she had been disadvantaged by its actions or that it had breached any health and safety obligations owed to her. It further says that even if it did, any such communication wo...