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1. Smith v Accident Compensation Corporation (Interest on weekly compensation) [2024] NZACC 139 [pdf, 185 KB]

   ...compensation on receipt of the medical certificate on 23 December 2004.2 [10] Mr Smith then claimed interest on arrears of weekly compensation for the period 4 October 1991 until February 2002. On 20 July 2007, the Corporation declined Mr Smith's request, and this decision was upheld on review. Mr Smith filed an appeal against the Reviewer’s decision. [11] On 30 May 2008, following an appeal hearing, Judge Cadenhead allowed Mr Smith’s appeal on the basis that he was ent...

2. [2023] NZEmpC 110 Hamilton Hindin Greene Ltd v Smalley [pdf, 222 KB]

   ...surprisingly, Mr Brookes’ response was that Mr Smalley was entitled to serve a notice and it was prudent of him to do so, given the rejection of his informal attempt to obtain disclosure. It was said that any delay by attempting another informal request would have impacted on Mr Smalley’s preparation and, in any event, HHG did not object to the notice. [37] To disallow this step is tantamount to saying that it was unnecessary for Mr Smalley to seek disclosure of documents tha...

3. CN v L Ltd & U Ltd [2024] NZDT 493 (4 July 2024) [pdf, 221 KB]

   ...removing the remaining flue that was left by U Ltd. 30. For these reasons I find that the Respondents are jointly and severally liable to pay CN $7,173.62. Referee: L Trevelyan Date: 4 July 2024 Page 5 of 5 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

4. HM v F [2023] NZDT 445 (29 August 2023) [pdf, 205 KB]

   ...31 December 2022 without giving her any warning? b) If so, what is HM’s loss? Has F breached its contract with HM by cancelling her 115,189 Points on 31 December 2022 without giving her any warning? 4. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. CI0301_CIV_DCDT_Order Page 2 of 3 5. HM refers to F’s customary practice of sending...

5. HB v Q Ltd [2024] NZDT 582 (26 August 2024) [pdf, 173 KB]

   ...is no basis to consider an award of compensation. Therefore, it is not necessary to consider the second issue. 9. In summary, the claim is dismissed. Referee: Sara Grayson Date: 26 August 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

6. BORA Maungaharuru-Tangitū Hapū Claims Settlement Bill [pdf, 286 KB]

   ...articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to sections 20 and 27 (2) of the Bill of Rights Act. [4] Exclusion of Remedy of Compensation - clauses 30(3) and 34(3) 10. Clause 30(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with Te Kawenata (a partnership agreement between MTI and the Crown applying to a specified area). Clause 34(3) is a similar provision excluding any form of...

7. Taylor v Department of Corrections (Strike-Out Application) [2020] NZHRRT 42 [pdf, 137 KB]

   ...DATE OF DECISION: 20 October 2020 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] In 2014, while in prison, Arthur Taylor sent a letter to Brian Hunter. The letter was withheld by the Department of Corrections (Corrections). Mr Taylor requested that the letter be returned to him, however this request was refused by Corrections. Mr Taylor complained to the Privacy Commissioner. The Privacy Commissioner concluded there was a breach of information privacy principle (IPP) 6 a...

8. Lim v Gu-Chang [2014] NZIACDT 77 (29 August 2014) [pdf, 103 KB]

   ...to determine: [6.1] Ms Gu-Chang acted unprofessionally and breached the complainant’s right to confidentiality through a publication on her website. [6.2] She overcharged the complainant by charging fees of $12,800 for making a discretionary request for a student visa. [7] The background for the complaint as set out in the Statement of Complaint is: [7.1] The complainant had been in New Zealand without a valid visa since 2007 and in late 2010 he approached Ms Gu-Chang’s practice...

9. [2022] NZEmpC 10 Shaw v Bay of Plenty District Health Board [pdf, 376 KB]

   ...review its ability to provide support for Ms Shaw’s professional development before commenting that, unfortunately, due to ongoing budget constraints and adequate skilled coverage, the DHB continued to be unable to provide the support requested. [55] Ms Bayles ended her reply by noting she had decided to use Ms Shaw’s specialist skills within the “cath lab invasive service and PCI cover” for which she had appropriate knowledge and experience to the overall benefit to...

10. NT v ND & Ors [2023] NZDT 751 (19 December 2023) [pdf, 182 KB]

    ...Ltd has agreed to leave the offer made to NT during the hearing on the table as a gesture of goodwill, I order that R Ltd is liable to pay her $5,000.00. Referee: L Trevelyan Date: 19 December 2023 Page 7 of 7 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...