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1. Easthope v Accident Compensation Corporation (Entitlements) [2023] NZACC 158 [pdf, 209 KB]

   ...a neck sprain and lumbar sprain. Background [5] On 17 May 1986, Mr Easthope suffered an accident while playing rugby league. It appears that this accident involved him being spear tackled to the ground. [6] ACC’s records are sparse. The claim registration date recorded in ACC’s system is 23 March 1989. The Corporation’s records show that it made a lump sum payment to Mr Easthope in 1989 based on an 8% whole person impairment. [7] ACC also funded surgery on Mr Easthope�€...

2. Legal aid review of criminal legal aid fixed fees - 2013 [pdf, 627 KB]

   ...providers are called before a Duty Lawyer is assigned. These changes apply only to cases where the court requires counsel on the same day – i.e. urgent (same day) cases – and do not apply to other cases described by Legal Aid Services as urgent applications. 2. Exceptions from rotational assignment Current operation allows for exceptions from rotational assignment. These exceptions can be found on page 8 of the Granting Manual. Private providers have recently told us that...

3. Atkins & Ors as Trustees of the Bruce Family Trust v North Shore City Council [pdf, 284 KB]

   ...took an assignment of all claims he may have in respect of that reduction, $75,000.00. The claim was eventually for one half of the cost of repairs and recovery of that sum of $75,000.00 plus other relief. The claim is allowed to be made in that form; the claimants are entitled to make those claims and that the assignment was valid. 2.3 The claim for consultants' costs is disallowed as these were costs in the adjudication. The claim is discounted by one half of the cost...

4. Recording Industry Association of New Zealand v CAL2012-E000627 [2013] NZCOP 9 [pdf, 168 KB]

   [2013] NZCOP 9 COP 014/12 UNDER The Copyright Act 1994 BETWEEN RECORDING INDUSTRY ASSOCIATION OF NEW ZEALAND INCORPORATED Applicant (Rights Owner) AND CAL2012-E000627 Respondent (Account Holder) BEFORE THE COPYRIGHT TRIBUNAL WARWICK SMITH HEARING ON THE PAPERS DECISION The Application [1] This is an application by Recording Industry Association of New Zealand Incorporated (“the Applicant”) for an order under s.122O of the Copyright (I...

5. CL & NN v BT & B Ltd [2023] NZDT 200 (22 June 2023) [pdf, 209 KB]

   ...report was provided and CL and NN proceeded with buying the house. 2. In early 2023, after the [City] storms, CL decided to go under the house to thoroughly check its condition. He discovered evidence of rot on sub-floor timbers including piles. The applicants contend that the damage would have been present when BT of B Ltd inspected the house in 2016 and/or that the cause of the rot should have been identified to them as a problem with the house (they contend that the rot has been caus...

6. SM v QN & FM [2024] NZDT 398 (14 June 2024) [pdf, 92 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 398 APPLICANT SM RESPONDENT QN SECOND RESPONDENT FM The Tribunal orders: 1. The claim is dismissed. Reasons 1. The applicant flatted with the respondents, and disputed sums owed after leaving. 2. Having reviewed all the evidence and submissions made on the matter, it was established that neither party is required...

7. Te Awe Awe v Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4 (2016) 354 Aotea MB 213 (354 AOT 213) [pdf, 301 KB]

   ...to remove her is unfounded and displays a lack of loyalty to a whānau member who she says has achieved much for the hapū. [3] Ms Te Awe Awe-Bevan filed a letter of resignation dated 13 January 2016. Notwithstanding the letter the trustees requested that the application for removal be heard and determined. The final hearing was held on 9 March 2016. 1 Issue [4] The issue for determination is whether or not the respondent should be removed for cause as a trustee. The follo...

8. [2010] NZEmpC 53 Mars NZ Ltd v MCWU & anor [pdf, 15 KB]

   MARS NZ LTD V MCWU & ANOR WN 11 May 2010 IN THE EMPLOYMENT COURT WELLINGTON [2010] NZEMPC 53 WRC 6/10 IN THE MATTER OF an application for injunction AND IN THE MATTER OF an application for costs BETWEEN MARS NEW ZEALAND LIMITED Plaintiff AND MANUFACTURING AND CONSTRUCTION WORKERS UNION INC First Defendant AND SIMON BOOTH AND OTHERS Second Defendants Hearing: by memoranda of submissions filed on 14 and 28 April 2010 Judgment: 11 May 201...

9. [2020] NZREADT 04 - Singh - Ruling regarding release of file (20 February 2020) [pdf, 166 KB]

   ...Committee Mr A J Woodhouse, on behalf of Mr Singh Ms J Badenhorst, on behalf of Mr Govindarajan Date of Ruling: 20 February 2020 ____________________________________________________________________ RULING OF THE TRIBUNAL (Application by Mr Govindarajan for disclosure of the Tribunal’s file) ____________________________________________________________________ Introduction [1] The Tribunal is required to consider an application for disclosure of its f...

10. [2011] NZEmpC 97 Quan Enterprises Ltd v Fair [pdf, 65 KB]

    ...job description, no proper wage and time records and no record of any holiday pay having been paid to the defendant. There was even a dispute over Mrs Fair’s wage entitlement. [3] In its determination, 1 the Authority upheld Mrs Fair’s claim finding that her dismissal by the plaintiff had been unjustified. She was awarded a total of $15,459.15 for wage arrears, holiday pay and loss of wages resulting from her dismissal along with compensation of $1,000 for non-economic los...