Search Results

1. [2022] NZEmpC 139 Zhang v Panda Restaurant Ltd [pdf, 205 KB]

   ...D Fleming and S Beshay, counsel for applicant No appearance for respondents Judgment: 9 August 2022 JUDGMENT OF JUDGE K G SMITH [1] Jian Zhang has applied for a freezing order relating to the proceeds of sale of his former employer, Panda Restaurant Ltd, or its assets. [2] The basis for the application is that Mr Zhang has lodged a claim in the Employment Relations Authority alleging that he was required to pay a premium to secure employment with Panda

2. Vine v Accident Compensation Corporation (Impairment Assessment) [2024] NZACC 007 [pdf, 303 KB]

   ...any communication between Dr Walker and Dr Lim relating to his impairment assessment and a copy of the methods used by both doctors to calculate his impairment rating. The Corporation's letter advised that it did not hold the information requested and invited Mr Vine to instead contact Dr Lim and Dr Walker. The Review Decision [23] On 1 December 2021, Mr Vine applied for a review of the 22 October 2021 decision. The basis of the review was that Mr Vine believed the peer revie...

3. Waitangi Tribunal - issue 67 of Te Manutukutuku [pdf, 1.8 MB]

   ...Tuheitia Paki. Mr Henare has had a long asso- ciation with the public service, hav- ing occupied senior roles in the Department of Māori Affairs, the Iwi Transition Agency, and the Ministry of Foreign Affairs. Having returned home to the North at the request of his people, he has served as general man- ager of the Ngāti Hine Health Trust and chair of the Tai Tokerau Primary Health Organisation. Mr Henare has also been a member of the Northland DHB and the Council of Northtec, and h...

4. [2018] NZEmpC 63 Lorigan v Infinity Automotive Ltd [pdf, 342 KB]

   ...how” he had raised his unjustified disadvantage personal grievance.8 [10] I went on to direct that he file all relevant particulars in a single memorandum. I explained that this was so that the defendant, and the Court, could be properly informed as to the allegations Mr Lorigan was making about each of the issues summarised in [33] and [34] of the December judgment. I said that the memorandum which should be filed should follow the sequence of issues raised in those paragraphs,...

5. DL v WR & WQ LCRO 39 / 2011 (29 September 2011) [pdf, 91 KB]

   ...which took place, in the end, come down to what each of the parties will accept to settle the matter. To that extent therefore the detail of the figures, although they must have some foundation, will not necessarily be precise. [62] Mr WO had formed the view that after making provision for the earlier commencement of the new lease, the sum of $50,000 represented the best that could be achieved in negotiation. It was certainly a long way from the original sum claimed by the land...

6. KL & KC v EJ Ltd [2022] NZDT 269 (20 December 2022) [pdf, 206 KB]

   ...Tribunal Act 1988 only allows for a party to claim a refund of these costs in certain limited circumstances, none of which apply in these circumstances. Referee: K Armstrong Date: 20 December 2022 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 re...

7. DQ Ltd v L Ltd [2024] NZDT 217 (5 March 2024) [pdf, 97 KB]

   ...insurers. Although the name of the insurer was disclosed within that document, L Ltd did not simply notify the Tribunal who the Insurer was as requested. The Registry should not be expected to review all correspondence received by a party to find information. As a consequence of the information not being given within the timeframe and L Ltd not simply informing the Tribunal of who the Insurer’s were and their contact address, It does not appear that L Ltd’s insurers J Ltd have been giv...

8. HC v HT [2024] NZDT 223 (21 March 2024) [pdf, 177 KB]

   ...(DTA) enables the Tribunal to rely on the available evidence. Is HC entitled to the sum claimed? 5. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing – an agreement can be formed verbally or inferred from the parties conduct. 6. HT acknowledged and I accept that $10,000.00 was a loan given to him by HC to help him by his house. However, his position is that he was not required to repay the amount because:...

9. BH v JT [2024] NZDT 65 (17 January 2024) [pdf, 185 KB]

   ...she looked up. JT denies hitting the [vehicle] and says as he drove up [road] he observed a white vehicle ahead of him on the road scrape the [vehicle]. 2. I was impressed by the honesty and genuineness of all parties who provided evidence or information to the Tribunal in relation to this claim. 3. The issues to resolve the claim are: a. Did JT damage the [vehicle] on 16 August 2023? b. If so, what are the reasonable ad foreseeable costs of repairing the damage caused? Did...

10. LW v N Ltd [2024] NZDT 352 (13 May 2024) [pdf, 133 KB]

    ...(NZ). 2. On 3 January 2024 LW emailed N Ltd to ask ‘how can I get an exemption for this’ [purchase of a specific parcel of land to build on], and also ‘what types of property can I buy without permission’. N Ltd responded asking LW for information regarding his citizenship/residence status and the classification of the land. It also provided general information on when a foreign national can purchase property in NZ and said that ‘if you don’t qualify it will be much harder...