Search Results

1. Giddy v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 94 [pdf, 224 KB]

   ...Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 18 July 2022. The Reviewer dismissed an application for review of the Corporation’s decision dated 4 March 2022 declining Mr Giddy’s request for weekly compensation. Procedural matter [2] Prior to the hearing of this appeal, the parties’ representatives were requested to provide an agreed statement of facts and issues in this appeal, and the Court 2 recei...

2. DF v U Ltd [2023] NZDT 235 (19 May 2023) [pdf, 190 KB]

   ...policy? If so, has U Ltd proved that it is entitled to decline DF’s insurance claim? (b) Is DF entitled to a remedy and, if so, is the amount claimed proved and reasonable? Page 2 of 6 8. The parties presented a large amount of information and evidence to the Tribunal regarding the claim and the counterclaim. I would like to reassure the parties that all information and evidence presented has been considered, but this order refers only to essential material and is not...

3. Policy Framework for New Infringement Schemes [pdf, 84 KB]

   ...challenged by the defendant. 8. As the imposition and enforcement of a penalty through an infringement offence notice involves a transfer of a traditional judicial function to the executive branch of government, it is important that any individual can request that the Court review or reduce the penalty. The legal framework 9. The legal framework for an infringement offence scheme is provided in three parts. a. Primary legislation specific to the subject matter; b. Re...

4. Template – communication form [pdf, 16 KB]

   COMMUNICATION FORM Date Discussion Instructions Received/ Advice Given DateName/ Party Mode (Circle) Actions Client Signature AVL Link / Phone / In Person / Other

5. [2007] NZEmpC AC 19/07 Cuttriss v Carter Holt Harvey Ltd [pdf, 106 KB]

   ...be maintained on existing terms and conditions. Southern Cross Benefits will continue as currently provided. [I observe this Plan is not the same as KSP433.] … 16. COMPANY POLICIES The Company has policies, guidelines and procedures that form part of your terms of employment and you must comply with them at all times. The policies, guidelines and procedures are readily available on the Carter Holt Harvey Human Resources Intranet site and you should familiarise yourself with t...

6. [2007] NZEmpC AC 61/07 Fonterra Cooperative Group Ltd v van Heerden [pdf, 76 KB]

   ...for the DWU, was involved in the consultation process and sat on a site consultative committee (the “SCC”) which was formed under the CA with two union and two management representatives. Affected employees were invited to fill out preference forms to indicate what roles they would be interested in. [9] It is to the credit of both Fonterra and DWU and, in particular, to the work of the SCC, that the restructuring of the two laboratories was carried out without any compulsory...

7. UY v Bunbury LCRO 17 / 2012 (4 March 2013) [pdf, 147 KB]

   ...for the trading name, and [Company Zb]. [5] Mr UY’s speciality was production and design, and he acknowledges that he relied heavily on senior staff for general and financial administration of the company. [6] In [the 1980s], the company had formed a working relationship with Mr UZ, whose wife operated [a North Island] store. Mr UZ held himself out as [a professional] with considerable business experience, and Mr UY and Mr UZ formed a friendship which developed from the advice an...

8. LD & KL Trust v MT & HB LCRO 25/2015 (15 April 2016) [pdf, 106 KB]

   ...administering the loans advised what steps they were taking or intended to take to recover the funds for the contributors. They expressed confidence. They invited the contributors to contact them if they had any queries. [33] That is not the same as requesting the contributor to advise the lawyers if the contributor does not agree with the action or proposed action. Neither did the letters indicate that the lawyers were obliged to consider the views of contributors. [34] Rule 13....

9. LCRO 63/2024 WL v AC and TU (25 November 2024) [pdf, 205 KB]

   ...employment and would start making payments once he was settled into the role. He also referred to the likely receipt of an inheritance. [29] The second-named respondent (second respondent) became involved at that point. On 10 February 2023, he requested from the applicant a timeframe for full payment and a payment plan to be advised by 15 February 2023. [30] The applicant replied the same day making various comments but reiterating his commitment to settling the account and asked...

10. Moonen v Accident Compensation Corporation (Rehabilitation – Aid for Appliance) [2024] NZACC 186 (20 November 2024) [pdf, 354 KB]

    ...the judo accident. Mr Moonen then sought entitlements and on 14 May 1999 Mr Ray Fong, orthopaedic surgeon, reported to the Corporation: “Xray done in the Hutt Radiology Clinic on 31.5.90 shows marked narrowing of the L3/4 disc with osteophyte formation. In the lateral view there is no displacement. In the AP view there is slight lateral subluxation of the vertebral body of L3 on 4.” [12] Mr Moonen was also seen by Mr Andrew Simmonds, orthopaedic surgeon, who noted: (a) Letter...