Search Results

1. [2020] NZEmpC 61 Leota v Parcel Express Ltd [pdf, 465 KB]

   ...delegated power of the Company other than strictly as an independent contractor upon the terms and conditions of this Agreement and the Contractor shall not bind or otherwise commit the Company to any arrangement, debt or other liability to make any statement that may bind the Company without the consent of the Company first being obtained. 13.3 The Contractor shall not be entitled to assign or sub-contract any rights or benefit of the Contractor under this Agreement but acknow...

2. [2022] NZEmpC 123 CSN v Royal District Nursing Service NZ Ltd [pdf, 376 KB]

   ...[31]−[34]. 27 At [82] (emphasis added). [79] Mr Drake noted that there is no direct reference in the Accident Compensation Act 2001 to the Convention, but he accepted that ACC as an agent of the State had obligations to a covered claimant who was disabled, as articulated in that instrument. [80] The Vaccinations Order went some way to acknowledging this, in the definition of “care and support services”. As set out above, this includes a range of services as may b...

3. [2021] NZACC 14 - Folland v ACC (12 January 2021) [pdf, 241 KB]

   ...You can also stop sending us medical certificates. Your weekly compensation Because you’ve been assessed as able to work, your weekly compensation payments will end on 24 April 2018. Agreed Facts [3] Mr Macann and Mr Hunt provided a statement of agreed facts reproduced in this section. [4] The appellant has cover for a right meniscal tear suffered following an accident at work on 8 November 2004. He also has cover for different personal injuries sustained in 1985, and...

4. [2023] NZREADT 2 - Wilson and Wilson v Registrar of the REAA (26 January 2023) [pdf, 222 KB]

   ...asked why she had not acted in good faith and had misled them. [22] The applicants replied to the manager at 11:53, stating that the apology should be coming from the licensee. She treated them like vermin. She used angry, definitive, untrue statements on 4 December about Harcourts’ COVID-19 policies. [23] In a further email to the manager on 10 December 2021 (at 1:26 pm), the applicants complained about the licensee’s failure in good faith to deal fairly with them and t...

5. [2010] NZEmpC 115 Fonterra Cooperative Group Limited v Te Stroet [pdf, 64 KB]

   ...August), Counsel for Plaintiff Helen White, Counsel for Defendant Judgment: 2 September 2010 INTERLOCUTORY JUDGMENT (NO 2) OF CHIEF JUDGE GL COLGAN [1] This judgment decides whether the Employment Relations Authority’s order for reinstatement of Douglas Te Stroet should be stayed and, if so, on conditions pending hearing of Fonterra’s challenge which will be in March 2011, about seven months hence with a decision to follow. [2] By a determination delivered on 11 Ju...

6. [2012] NZCA 25 CA562/2011 Service Food Workers Union v Cerebos Greggs Ltd [pdf, 166 KB]

   ...The parties disagreed on the question of whether the effect of the Holidays Act was to confer on long serving employees one week’s paid annual holiday additional to the statutory minimum of four weeks as from 1 April 2007. The Union brought a claim before the Employment Relations Authority which answered that question affirmatively in the Union’s favour. The Employment Court reversed the Authority. 1 Its decision had the effect of removing the leave differential provided by...

7. Brooks v Taekwondo Union of New Zealand Inc [2017] NZHRRT 20 [pdf, 333 KB]

   ...substantial exercise involving the collation of some 700 pages of correspondence relating to Mr Brooks the withheld information was released to Mr Brooks on 3 September 2015. The final position taken by the parties on liability and remedies [27] In his statement of claim Mr Brooks challenged each and every of the withholding grounds relied on by TUNZ. He also sought a number of remedies including a declaration of interference with his privacy, an order that TUNZ release all personal i...

8. BORA Border Security Bill [pdf, 72 KB]

   ...the armed forces in certain circumstances, was compatible with Article 6(1) of the European Convention on Human Rights. [9] Their Lordships held that the Crown's exemption from liability in tort was a matter of substantive law, so that the claimant had no "civil right" to which Article 6(1) might apply. Their Lordships treated the limitation on liability in s 10 as going to the substantive claim (i.e. it did not exist), rather than creating a procedural bar. Article 6(1)...

9. [2021] NZACC 133 – Larason v ACC (17 August 2021) [pdf, 373 KB]

   ...GP, Dr Wilkinson, recorded the following: Lifted log last w/e – pain in naval, stopped work and noted lump, inflamed that night – o/e umbilical hernia, reducible, lodge and refer mg. [7] On the same day, Dr Wilkinson lodged an ACC45 injury claim form. [8] The appellant saw Mr Malcolm Gordon, General Surgeon on 17 October 2017. In his report Mr Gordon said: … examination with the aid of ultrasound shows at least a 2.5 cm defect. There is a layer of preperitoneal fat, but...

10. [2025] NZLCDT 2 Auckland Standards Committee 1 v Wintour (9 January 2025) [pdf, 193 KB]

    ...criminal barrister based in Auckland, must have obtained his knowledge improperly. The neighbours complained to the Law Society about Mr Wintour’s accessing and use of the material. [3] Mr Wintour was not candid with the Standards Committee. He claimed that he obtained his information from Police Officers. Enquiries revealed that, on the day before the meeting, the neighbour’s criminal history had been accessed via a computer identifiably logged in by a particular Probation O...