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1. 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...

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. [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...

4. 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: �...

5. 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...

6. Harris v ACC [2013] NZACA 16 [pdf, 35 KB]

   ...1993. The operation was successful and greatly reduced Mr Harris’s pain, but left him with residual pain, limited mobility because of the stiffness in his back and a decreased ability to do the normal work of a butcher and he could not play any form of serious sport. [20] Mr Aldred concluded that Mr Harris’s Scheurmannn’s disease was not particularly significant as it would not necessarily cause anything but some low grumbly back pain unless it was further up the spine and he al...

7. [2022] NZEmpC 74 AlKazaz v Enterprise IT Ltd [pdf, 218 KB]

   ...for leave to extend time to file a challenge and so was proceeding along an incorrect route. The key actions that Mr AlKazaz took in this matter from April 2018 were: (a) In April 2018 Mr AlKazaz became aware that he could make Privacy Act requests and started doing so, initially to Enterprise IT. From May 2018, he made a series of requests to Air New Zealand and he obtained certain documentation. Air New Zealand was a client of Enterprise IT for whom Mr AlKazaz had performed...

8. [2019] NZEmpC 34 Emmerson v Northland District Health Board [pdf, 908 KB]

   ...patients’ physical health needs undertaken by Dr Emmerson created friction. [27] Ms Wilkins shared her concerns with Dr M and the Acting Unit Manager, Ms Donna Kiwikiwi; she complained about the way she was being treated by Dr Emmerson. She requested a change in role. However, Ms Wilkins did not wish to formalise her concerns by making a complaint. [28] Dr M said she met with Dr Emmerson, who claimed to have no idea why the issues had been raised. Dr Emmerson says there...

9. Maiava v Matauri X Incorporation (2010) 10 Taitokerau MB 106 (10 TTK 106) [pdf, 60 KB]

   ...occupation order. This was, in effect, to replace the licence. In two interim decisions dated 27 November 2007 and 30 March 2009 I ruled that I could not grant an occupation order as the Incorporation did not consent as required by s 328(2). At the request of Mrs Maiava I did not dismiss the application and it currently stands adjourned pending progress of the Incorporation’s papakainga scheme. [5] The Incorporation is currently working on a papakainga scheme for twelve 800m2 s...

10. [2022] NZACC 185 — Razek v ACC (27 September 2022) [pdf, 186 KB]

    ...[31] He accepts therefore that regrettably part of the 4 May 2021 decision is wrong. [32] He says however that ACC has significant issues with the evidence presented by Mr Razek in respect of the quantity and value of shoes and socks that he has requested. [33] Mr Marten also submits that there are several discretionary layers within the social rehabilitation provisions of the Act. As such, if the Court agrees that the shoes and socks constitute a social rehabilitation aid, the app...