Search Results

1. [2008] NZEmpC WC 19A/08 Snowdon v Radio New Zealand Ltd [pdf, 45 KB]

   ...claim BETWEEN LYNNE FRANCES SNOWDON Plaintiff AND RADIO NEW ZEALAND LIMITED Defendant Hearing: 12 November 2008 (Heard at Wellington) Appearances: R A Moodie, Counsel for Plaintiff M F Quigg and J Bates, Counsel for Defendant Judgment: 11 December 2008 REASONS FOR ORAL JUDGMENT OF JUDGE B S TRAVIS [1] In my oral judgment of 12 November 2008 (WC 19/08) I struck out the plaintiff’s compliance proceedings. My reasons for so doing may be summari...

2. LCRO 114/2017 SM v JC (31 August 2017) [pdf, 137 KB]

   ...on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [21] More recently, the High Court has described a review by this Office in the following way:3 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinati...

3. Davis v ACC [2012] NZACA 1 [pdf, 173 KB]

   ...BEFORE His Honour Judge M J Beattie HEARD at AUCKLAND on 25 November 2011 APPEARANCES Ms R Bedford, Counsel for Appellant. Ms F Becroft, Counsel for Respondent. (ACC 5/11) Appellant ACCIDENT COMPENSATION CORPORATION Respondent RESERVED JUDGMENT OF JUDGE M J BEATTIE [1] The issue in this appeal concerns the determination of the correct quantum of the appellant's pre-incapacity income for the purposes of determining the correct sum of his earnings-related compensation...

4. LCRO 282/2013 AA v BB, CC and DD (27 June 2017) [pdf, 132 KB]

   ...were made for Mr AA to have access to a land line at the Disputes Tribunal in [City A] for this purpose. [20] In the days prior to the hearing Mr AA made requests for this Office to obtain transcripts of the High Court proceedings for him. The judgments of [District Court Judge A] are all that is required for the purposes of this review and the general principle followed by this Office is that no new evidence will be accepted on review. This Office does not follow directions fro...

5. [2022] NZEnvC 045 Auckland Council v Banora [pdf, 249 KB]

   ...relating to the enforcement orders were wrongly made. They attached a copy of their notice to the High Court seeking leave to appeal, out of time, against the decision of the District Court dated 21 March 2019.8 They ask this Court to postpone its judgment (which I take to mean the making of any order) until their appeal to the High Court has been decided on. [16] The decision of the District Court concerned claims by the Banoras against the Council raising causes of action in t...

6. Application for waiver (or refund) of fees for an individual [pdf, 322 KB]

   ...have already taken) File a new proceeding File a document in proceedings Name of case Document type Comply with a direction for setting down fees or determination of a hearing date Comply with a direction for hearing fees Obtain a copy of a judgment Search court records Other Court use only / Refer to proceedings file no. Step 2 Give us your details Full name Occupation Address Contact phone numbers day other Step 3 Tell us about the fee The fee is $ A...

7. [2011] NZEmpC 34 Martin v Northland Education Trust Inc [pdf, 219 KB]

   ...NORTHLAND EDUCATION TRUST INCORPORATED Defendant Hearing: 28 February and 1 and 2 March 2011 (Heard at Whangarei) Appearances: Richard Harrison, counsel for plaintiff Stephen Langton and Ronelle Tomkinson, counsel for defendant Judgment: 14 April 2011 1. The plaintiff’s challenge to the Employment Relations Authority’s determination is allowed and the determination is set aside. 2. The plaintiff was dismissed unjustifiably by the defendant. 3. The...

8. Abernethy v Coughlan [pdf, 95 KB]

   ...appoint a site supervisor who actually controlled the construction operations, and that this was a breach of duty to the claimants that renders Mr Coughlan and Mr Humphrey personally liable. I accept Mr McLean’s submission that there are no judgments finding a director negligent and personally liable for omitting to appoint such a person. [98] In summary I find Mr Coughlan as the designer jointly and severally liable to the claimants in the sum of $60,310.86, as set out in...

9. [2022] NZEmpC 78 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 409 KB]

   ...Hearing: Judge J C Holden Judge B A Corkill 9, 10, 11 and 15 March 2022 (heard at Wellington via Virtual Meeting Room) Appearances: C Patterson and A Reid, counsel for plaintiff P Cranney, counsel for defendant Judgment: 11 May 2022 JUDGMENT OF THE FULL COURT Introduction [1] Vulcan Steel Limited (Vulcan Steel) and the Manufacturing and Construction Workers’ Union (Christchurch) (the union) settled a series of collective employment...

10. [2007] NZEmpC AC 55/07 Kiwikiwi v Maori Television Service [pdf, 48 KB]

    ...BETWEEN HEMI KIWIKIWI Plaintiff AND MAORI TELEVISION SERVICE Defendant Hearing: 24 and 25 September 2007 (Heard at Auckland) Appearances: John Minto, Advocate for the Plaintiff Jane Latimer and Blair Edwards, Counsel for the Defendant Judgment: 2 November 2007 JUDGMENT OF JUDGE C M SHAW [1] Mr Kiwikiwi has applied for a declaration that, having been engaged as a teleprompter by Maori Television Services (MTS) he is an employee and not an independent contractor...