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1. [2010] NZEmpC 72 Horton v Fonterra Cooperative Group Ltd [pdf, 81 KB]

   ...justified. Factual findings [2] Mr Horton was employed at Fonterra’s Whareroa site in Hawera from September 1994 until his dismissal. It was not in issue that until the matter that led to his dismissal he had an exemplary work record and no form of disciplinary action was ever taken against him. [3] Mr Horton was a member of the Amalgamated Engineering, Printing and Manufacturing Union Inc (EPMU or the Union). Prior to his dismissal he was a union delegate and...

2. Rhodes v Accident Compensation Corporation (Personal Injury) [2022] NZACC 194 [pdf, 218 KB]

   ...Hearing: 27 September 2022 Held at: Auckland/Tāmaki Makaurau Appearances: B Hinchcliff for the Appellant F Becroft for the Accident Compensation Corporation Judgment: 4 October 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury through a series of events other than a gradual process- s 25, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 23 November 2021. The Reviewer dismissed an ap...

3. LCRO 158/2018 YCH v TSR (30 September 2020) [pdf, 396 KB]

   ...response was filed in this Office on 14 September 2018 by her advocate, Ms MNH. Ms TSR says whilst she supports the Committee’s decision, she is disappointed the Committee did not order a refund of her and Ms BSR’s legal costs incurred as requested in their complaint.10 Hearing [56] The parties attended (by teleconference) a review hearing in Auckland on 15 September 2020. Nature and scope of review [57] The nature and scope of a review have been discussed by the High Court...

4. LCRO 78/2017 UT v HB (26 June 2019) [pdf, 346 KB]

   ...1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 2 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 7 (b) Did those obligations and duties include the duty for Mr HB to follow up his 2 December 2009 letter to Mr JWS requesting Mr JWS to confirm those instructions? If so, did Mr HB fulfil that duty? Wills Act 2007, s 14 application (c) Did Mr HB tell Ms UT at their 21 January 2010 meeting that he would “look into” making a section 14 application to...

5. Lomax v Apatu – Awarua o Hinemanu Trust (2013) 22 Takitimu MB 282 (22 TKT 282) [pdf, 137 KB]

   ...the trustees, the Trust has not held a general meeting of beneficial owners for at least six years. In addition, annual accounts for the 2011, 2012 and 2013 financial years have not been filed. The case for Ngahapeparatuae Lomax [16] Mr Lomax claimed that Ashley Apatu had approached him several years ago with a request that his son Wilson Apatu be permitted to occupy the Hinemanu Hut. Mr Lomax further says that he and the trustees had some sympathy for Mr Apatu because his son had...

6. Sheleg v Accident Compensation Corporation (Cover for Mental Injury) [2025] NZACC 106 (3 July 2025) [pdf, 208 KB]

   ...2025 Held at: Auckland/Tāmaki Makaurau Appearances: The Appellant is self-represented F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 3 July 2025 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for mental injury - s 21B, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 27 September 2024. The Reviewer dismissed an application for review of the Corporation...

7. C Ltd v OB [2023] NZDT 83 (2 March 2023) [pdf, 184 KB]

   ...digging was to begin, OB was advised that some extra materials and work were going to be needed. On the day of the dig, costs escalated significantly, with an apparent change to the ground levels as well as other extra costs. OB signed a variation form which detailed the extra work but which did not record any extra price information. 4. OB says he was advised verbally that the extras listed on the variation form would cost $1800+GST. He says he also agreed to the use of a crane on the...

8. HD v FT [2017] NZDT 1396 (20 March 2017) [pdf, 183 KB]

   ...are reasonable as they have been approved by an assessor. 11. Accordingly FT is liable for the costs of repairs to HD’s car of $3,883.78. Referee: E Paton-Simpson Date: 20 March 2017 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to apply...

9. GU Ltd v LN [2022] NZDT 59 (7 June 2022) [pdf, 241 KB]

   ...a. What were the terms of the contract for hiring the scooters? b. Have those terms been breached? c. If so, what is the remedy? 3. LN did not attend the hearing. LN was phoned to join the hearing however the call did not connect. LN had informed the Registrar he would not be attending. The hearing proceeded without LN on the evidence presented in accordance with s42 of the Disputes Tribunal Act 1988 (DTA). What were the terms of the contract for hiring the scooters? 4. The

10. KT v BM [2021] NZDT 1571 (22 July 2021) [pdf, 182 KB]

    ...fee. The amount of statutory interest potentially payable is just over $3.00. In the circumstances I am not satisfied that an award is necessary or justified. Referee: J P Smith Date: 22 July 2021 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...