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1. [2011] NZCA 14 CA405/2010 Idea Services Ltd v Dickson [pdf, 161 KB]

   ...counsel. REASONS OF THE COURT (Given by Chambers J) Sleepovers [1] Idea Services Ltd, the appellant, employs Phillip Dickson, the respondent, as a community service worker. Mr Dickson in this role provides care and support for people with disabilities who live in community homes. He is sometimes required to do what the parties call ―sleepovers‖. On sleepovers, Mr Dickson is required to be at the community home overnight so that he can be on hand to deal with any issue...

2. Brown v New Zealand Post Ltd (Recusal Application) [2016] NZHRRT 37 [pdf, 287 KB]

   ...reg 5 for the commencement of proceedings, are published on the Tribunal’s website. There are three forms in all, reflecting the Tribunal’s separate and distinct jurisdictions under the Human Rights Act, the Privacy Act 1993 and the Health and Disability Commissioner Act 1994. To initiate proceedings an intending plaintiff must first satisfy the eligibility requirements separately prescribed by those three statutes and in addition must meet the description of one of the persons list...

3. [2016] NZEmpC 167 Labour Inspector v Tech 5 Recruitment Ltd [pdf, 250 KB]

   ...whose wages it was deducted, may recover that amount from the employer as a debt due to the person; and civil proceedings for the recovery of the amount may be instituted in the Employment Relations Authority by the person or, notwithstanding any disability to which the person is subject, by a Labour Inspector designated under section 223 of the Employment Relations Act 2000 on behalf of the person. (3) Any such proceedings instituted by any Labour Inspector may be continued or...

4. [2021] NZACC 31 - Reynolds v ACC (5 February 2021) [pdf, 206 KB]

   ...radiology report suggests narrowing of the disc spaces at these levels and degenerative change. That said, she has managed very well and continued a very active life. She first developed problems with her back that led to significant sciatica and disability on 18 April 2015 following her incident on that date when moving house. [19] Mr Hodgson said that Mrs Reynolds had made a satisfactory recovery from the spinal surgery in 2015. He said that Mrs Reynolds suffered a further i...

5. LCRO 152/2016 BL v HJ (11 August 2017) [pdf, 255 KB]

   ...that:31 … after the particular conflict has been identified by the legal adviser – that the client must knowingly and intelligently give consent to that adviser acting. It follows that the client must appreciate that the lawyer is acting under a disability, but the client must nevertheless take upon [his/her] head the possible consequences of hobbled advice. In considering whether the requisite element of consent has been reached, the degree of sophistication of the particular cli...

6. Proactive release – Ombudsmen (Protection of Name) Amendment Bill [pdf, 2.5 MB]

   ...there are only two p ivate-sector entities using it. 17. It is also instructive to consider that Parliament has not expanded the name beyond the original concept of an ombudsman as an ‘officer of Parliament’. For example, the Privacy and Health and Disability Commissioners and the Independent Police Conduct Authority, have similar functions and powers to the Parliamentary Ombudsman within their designated spheres, yet were not given the name ‘ombudsman’. 18. Officials have n...

7. Options for resolving remaining Canterbury earthquakes insurance disputes [pdf, 371 KB]

   ...expectations: some advocates or experts may create claimant expectations that are beyond insurance entitlements. 28.5. Vulnerability: 24% of RAS’ greater Christchurch cases involve claimants who self-identify as vulnerable (eg, because of health, disability, age, financial vulnerability, and language). RAS provides some assistance and Earthquake Support Co-ordinators (accessible through NGOs) can connect vulnerable claimants to services. However, these services may not meet the nee...

8. [2021] NZACC 23 - Muirhead v ACC (28 January 2021) [pdf, 214 KB]

   ...keyboard over many years. Relief from local injection confirms this diagnosis. Symptoms are unlikely to resolve if she continues her work at the present intensive level. Changing her work hours and intensity may avert or delay the onset of a disabling neuropathic pain syndrome reflecting damage to the central nervous system. [33] The Corporation obtained a further report from Craig Ball, shoulder and elbow specialist, dated 21 December 2014. While not having had the opportuni...

9. [2016] NZEmpC 129 Maharaj v Wesley Wellington Mission Inc [pdf, 155 KB]

   ...Act 1950 and the Limitation Act 2010. Although the six-year limitation in those statutes could be deferred in certain circumstances, such as where the Limitation Act 1950 deferred the limitation period for commencing actions by persons under a disability, neither of them contains a discretion so that a court may grant leave to commence a proceeding that is otherwise out of time. [61] In contrast, ss 219 and 221 appear in Part 10 dealing with miscellaneous matters. Had Parliament...

10. [2020] NZEmpC 237 Gate Gourmet NZ Ltd and ors v Sandhu and Ors [pdf, 324 KB]

    ...[their] work at not less than that minimum rate”. [32] Section 7 makes provision for deductions from the minimum wage for board or lodging or time lost. Section 8 allows a lower rate to be provided for workers whose performance is limited by a disability. Section 9 excludes certain categories of workers from the application of MWA. [33] Section 7(2) provides that no deduction in respect of time lost by any worker shall be made from the wages payable to the worker under the...