Search Results

1. [2011] NZEmpC 141 Silver Service Skips Ltd v Little [pdf, 70 KB]

   ...thought that the next step in the proceeding was to be taken by the Company and was waiting for that to happen. She also says that she was unable to pay a lawyer for advice. What any explanation must overcome is the fact that the notice which forms part of the statement of claim specifically advised Ms Little of her obligation to file a statement of defence within 30 days. While I accept that Mrs Little genuinely held the mistaken belief she refers to, it suggests that she failed t...

2. Roberts v ACC (Claims process) [2024] NZACC 69 [pdf, 198 KB]

   ...April 2024 Held at: Auckland District Court Appearances: The Appellant is self-represented B Johns for the Accident Compensation Corporation (“the Corporation”) Judgment: 17 April 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims process – ss 134(1), 149(1) , Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 21 July 2022. The Reviewer dismissed an application for review of the Cor...

3. [2022] NZACC 129 – McInnes v ACC (4 July 2022) [pdf, 305 KB]

   ...accident. ACR 132/20 [3] The Corporation submits that the weight of evidence does not support a causal link between the appellant’s ongoing cardiac related symptoms and the 1984 accident. Background [4] In May 1985, the appellant lodged a claim for cover for a respiratory problem and ear infections suffered over a four-month period in 1984 while he was working at a timber yard and was exposed to dust and certain chemicals (including velpar). The claim was declined by th...

4. Van Wey Lovatt v Accident Compensation Corporation (Costs) [2024] NZACC 171 (29 October 2024) [pdf, 234 KB]

   ...Application was frivolous and devoid of any merit. No question of law arose that was capable of bona fide and serious argument. [3] Dr Van Wey Lovatt concedes that the change in the District Court Rules effective from 1 September 2024 makes her request for leave to appeal moot. Nevertheless, she submits that the Application was made in good faith before the Rules were changed and submits that no costs award should be made. In this regard, she relies on r 14.7(d), (e) and (f) of the...

5. Howell v Accident Compensation Corporation [2025] NZACC 6 (Jurisdiction) (13 January 2025) [pdf, 168 KB]

   ...which relate to the procedural history of the claims– [5] Ms Howell suffered an injury at work in 2012. A claim for a lumbar/sacroiliac ligament sprain was lodged. [6] Ms Howell had an anterior interbody fusion of L5/S1 in October 2013, performed by Mr Rowan Schouten. [7] In February 2017 Ms Howell had a supplementary posterolateral fusion with fixation with pedicle screws. [8] On 2 March 2018 the Corporation declined Ms Howell’s treatment claim for anterior lumbar inter...

6. Hewitt v Standing [2012] NZIACDT 50 (30 August 2012) [pdf, 126 KB]

   ...conclusions that may be reached on the basis of the information held at that point by the Tribunal. [22] The Minute made it clear to the parties they could provide further information, which would be considered by the Tribunal. [23] The Minute also requested further information from Mr Standing, and put him on notice that any response should take account of the fact he was facing multiple complaints, some of which had strikingly similar components. [24] The Minute explained to Mr Stan...

7. [2023] NZIACDT 18 - XX v Xu (1 June 2023) [pdf, 132 KB]

   ...2022. She received a copy that day and advised the complainant of the rejection of the mother’s visa, but she did not provide the letter to the complainant until 25 May 2022. 1 XX v Xu [2023] NZIACDT 12. 3 [8] Ms Xu lodged a s 61 request with Immigration NZ on 9 May 2022, acknowledging her role in failing to send the information. The request was refused by Immigration NZ on 24 May 2022. Decision of the Tribunal [9] The following breaches of the Code by Ms Xu were...

8. [2024] NZEmpC 234 Bowen v National Australia Bank [pdf, 295 KB]

   ...deal with this new disagreement the Authority again separated it from the substantive claim. The parties were informed that Member Doyle would deal with the admissibility issue. In response, Ms Rendle, counsel for NAB and the first defendant, requested that the issue be reassigned to Member Larmer because she had dealt with it before. This request brought a swift reaction from Mr O’Brien, who considered the requested reallocation was interfering. He asked the Authority to ensu...

9. [2025] NZEmpC 168 Jenner v Corrections Association of New Zealand Incf [pdf, 287 KB]

   ...took issue with various decisions (some historical) made by officers and the national executive (of which they were members at the time). [16] Mr Jenner was re-elected as an executive member in 2024. [17] On 5 June 2025, Mr Jenner submitted the forms to stand for the office of vice president, specifically a nomination form with the necessary number of signatories and a candidate biography. The biography, among other things, stated: … I hear and agree with many of you that c...

10. BG Ltd v YT [2014] NZDT 603 (29 April 2014) [pdf, 218 KB]

    ...“security interest” (1) In this Act, unless the context otherwise requires, the term security interest— (a) Means an interest in personal property created or provided for by a transaction that in substance secures payment or performance of an obligation, without regard to— (i) The form of the transaction; and (ii) The identity of the person who has title to the collateral; and (b) Includes an interest created or provided for by a transfer of...