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1. Howard v Accident Compensation Corporation (Late appeal to the High Court) [2023] NZACC 25 [pdf, 337 KB]

   ...period between 26 November 2010 and 9 April 2012 and asked the Corporation to “issue an ACC written decision”. [16] On 21 September 2021, the Corporation replied to Mr and Mrs Howard: ACC’s position is that the weekly compensation you have requested has already been the subject of previous review and court decisions. This weekly compensation is also subject to the full and final settlement agreement which you signed 30 July 2021. Therefore, ACC will not be issuing any furth...

2. JT & JB Ltd v SN [2021] NZDT 1582 (16 July 2021) [pdf, 197 KB]

   ...is to pay $5,806.50 to JB Limited by 7 August 2021 or by payments if JB Limited agrees. Background 1. On 21 February 2021 JT was driving his Lexus taxi in Ghuznee Street. Just before Ghuznee Street meets Taranaki Street, Ghuznee Street forms into two lanes in the same direction. Painted on the road in the left lane there is a left turn only arrow and in the right lane, a right turn only arrow. JT was driving a passenger to Newtown. Vehicles travelling to Newtown would exp...

3. FC Ltd v TN & JM [2021] NZDT 1626 (10 August 2021) [pdf, 188 KB]

   ...& JM and HN at the property. EL said that HN had told him that his parents wanted a complete modernisation of the flat. EL said that TN & JM had said that their budget was in the vicinity of $100,000.00 for the work. He also said that he had informed HN that FC LTD charged 2% of the sum that would be provided to TN & JM as a quote. If the quote were to be accepted by TN & JM, that figure would be absorbed into the total contract price, but if the quote were not accepted, it...

4. Waitangi Tribunal - issue 53 of Te Manutukutuku [pdf, 481 KB]

   ...Crown destined them to poverty and powerlessness in their ancestral home. Ngäti Mutunga claimed that Moriori were not Mäori and therefore not covered by the Treaty of Waitangi Act 1975. Both Ngäti Mutunga and Moriori claimed that the tenure reform under the Native Land Court system was culturally inappropriate and damaging. The Tribunal also heard a considerable number of claims that related to the Crown’s administration of the Chatham Islands. 2 3 4 6 7 8 5 3 Cont in...

5. Thompson v Van Wijk [2021] NZHRRT 39 [pdf, 239 KB]

   ...is defined in HRA, s 62 as set out below. 9 62. Sexual harassment (1) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment. (2) It shall be un...

6. [2010] NZEmpC 95 Musa v Whanganui DHB & Anor [pdf, 21 KB]

   ...know the extent of the case he has to answer. [2] The determiner of relevance in any proceedings is the pleadings. Although similar causes of action against the Whanganui District Health Board (the Board) have now been settled with Mr Musa, its former Chief Executive Officer (CEO), claims for penalties for breach of a settlement agreement and for breach of his employment contract are still for hearing against the second defendant who is and was at all material times a m...

7. [2011] NZEmpC 175 Maynard v Bay of Plenty DHB [pdf, 105 KB]

   ...between the parties, the relevant content of which is outlined further on in the judgment. [10] The plaintiff claims a personal grievance for unjustified dismissal, which met the statutory requirements, was raised on her behalf. Alternatively she requests that the Court grant leave for her to raise a personal grievance out of time due to exceptional circumstances. Statutory requirements for raising a personal grievance [11] Section 114(1) of the Employment Relations Act 2000 (th...

8. [2017] NZEnvC 134 Bay of Plenty Regional Council v Vision Charitable Trust [pdf, 515 KB]

   ...also advises of continuing breach of the abatement notices. 15 December VCT lodges new consent application for the geothermal take and discharge. 2014 19 December VCT lodges new consent application for the water take. 2014 27 January Council requests further information regarding the geothermal take and discharge 2015 application. 2 February Council requests further information regarding the water take application. 2015 6 March 2015 Lakes Ranch Charitable Trust's project ma...

9. [2015] NZEmpC 66 Su v iGolf Limited [pdf, 117 KB]

   ...3 Employment Court Regulations 2000, Sch 1, Form 1. courier service was unable to effect service of the notice and 2 March 2015 minute and they were returned to the Court. Factual outline [7] Ms Su and Mr Zhang formed a personal relationship following Ms Su’s arrival in New Zealand. This came to an end, but both Ms Su and Mr Zhang remained living in a house owned by Mr Zhang’s mother. Mr Zhang was the sole director and shareholder of the first

10. FW v KQ Ltd [2021] NZDT 1701 (2 June 2021) [pdf, 197 KB]

    ...time, so a reasonable consumer who is unfamiliar with automatic watches would need a clear explanation of the watch’s functionality in order to assess whether it would be acceptably reliable. In the absence of prior knowledge or a sufficiently informative explanation, I find that the watch was not acceptably fit for purpose under CGA s 7. 11. Additionally, CGA s 9 requires goods to be reasonably suitable for any particular purpose made known, expressly or by implication, to the supplie...