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1. Austin v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 59 [pdf, 257 KB]

   ...had DISH. She was unable to say, however, when these changes first occurred because there were no x-rays taken before 2011. 6 [14] Dr Holtzhausen then went on to discuss the pathogenesis and aetiology of DISH. She described it as a bone-forming disease, and explained that vitamin A and its derivatives have the ability to promote new bone formation. She said: The main skeletal abnormality described in synthetic retinoid treated patients is identical to DISH. Yoder was the firs...

2. Committee on the Elimination of All Forms of Racial Discrimination – summary record 18th-20th reports (continued) [pdf, 117 KB]

   ...and information submitted by States parties under article 9 of the Convention (continued) Eighteenth to twentieth periodic reports of New Zealand (continued) United Nations CERD/C/SR.2222 International Convention on the Elimination of All Forms of Racial Discrimination Distr.: General 15 April 2013 English Original: French CERD/C/SR.2222 2 GE.13-41358 The meeting was called to order at 10.05 a.m. Consideration of reports, comments and information submitted...

3. [2020] NZEmpC 28 Talbot Agriculture Ltd v Wate [pdf, 368 KB]

   ...intervals of time in paragraph [6](c) and (d) need to be explained. The first period of time (2 May until 11 June 2016) was the Authority’s calculation encompassing the assessment Mr Wate underwent at the beginning of May and for the work he performed from 10 May onwards. In the absence of any evidence about an agreed rate of pay for that work, the Authority applied the Minimum Wage Act 1983 and the applicable Minimum Wage Order, using Mr Wate’s diary as the only available rec...

4. [2023] NZEmpC 39 Wilson-Grange Investments v Guerra [pdf, 226 KB]

   ...Schedule A to the agreement set out a summary of Mr Guerra’s terms and conditions of employment. It provided that Mr Guerra was to be paid at a rate of $22 per hour and that the “(Minimum Guaranteed) Hours of work” was 35 hours; he could be requested to work in excess of these hours but was free to decline and there was to be a minimum engagement of two hours per shift. [9] Mr Guerra was appointed to his position in October 2019 by Ms Wilson, who was initially his line mana...

5. [2024] NZEmpC 74 Hu v Passion Fresh Ltd [pdf, 273 KB]

   ...query was addressed by Passion Fresh in a further email of 12 April 2021 when Ms Hu was advised that the company did not share her view that her wages 1 Hu v Passion Fresh Ltd [2023] NZERA 54 (Member Fuiava). were incorrect. She was informed that the company considered the hours for which she was paid correlated with timecard hours, but an invitation was extended to discuss the matter in person. [9] On 13 April 2021, Ms Hu met representatives of Passion Fresh. During...

6. [2016] NZSSAA 005 (16 February 2016) [pdf, 77 KB]

   ...amount of $12.50 per week for alternative medical treatment was included in his Disability Allowance. Arrears were paid for the period 21 May 2014 to 2 December 2014. [5] The appellant was then invited to withdraw his appeal. It now appears that that request was inappropriate. Fortunately the appellant declined to withdraw his appeal and accordingly the matter was set down for a Directions Hearing on 10 March 2015. [6] The appellant attended that hearing but indicated to the Authority that...

7. SN v VO Ltd [2021] NZDT 1679 (29 October 2021) [pdf, 231 KB]

   ...to reply to CAA’s questions. However, the CAA did not wish to hear from her. They wished to hear directly from KM. That could not have been anticipated by SN. 22. SN has recorded her hours spent on preparing for this T180 call and given the information required to be reviewed and preparation needed for such a call, I accept her recorded hours as an accurate reflection of her work. 23. SN carried out 20 hours of work for VO Ltd between 1 June 2021 and 12 July 2021. Is VO Lt...

8. L v EQC [2021] CEIT-2019-0036 [pdf, 411 KB]

   ...However, for reasons discussed below in paragraph [99], I need not consider that here. [31] Clause 3 goes no further than granting the discretion to not pay a “claim”. I note that “claim” is not defined by the Act. It may be argued that each request for payment is a “claim”, for the purposes of cl 3. However, this reading goes against the use of the word “claim” in a general insurance context, where a single claim, encapsulates all damage from each damage causing eve...

9. Recording Industry Association of New Zealand v Telecom NZ 4451 [2013] NZCOP 15 [pdf, 146 KB]

   ...Love” was not on their computer (or on any other computer which may have been used at the Respondents’ IP address), and that a friend had looked at their computer and confirmed that uTorrent had been deleted. No Hearing [21] Neither party has requested a hearing, and the Tribunal sees no need to convene one. Accordingly, the application is being determined on the papers pursuant to s.122L of the Act. Discussion and Findings In what Circumstances is the Applicant entitled t...

10. Balich v Standing [2012] NZIACDT 42 (24 August 2012) [pdf, 115 KB]

    ...the agreed services, Mr Balich says Mr Standing failed to refund the fees he had been paid. Mr Balich was put to the expense of making a new application after terminating Mr Standing’s engagement. [3] Mr Balich provided evidence to support his claim, and despite the Tribunal requesting that Mr Standing provide his records and deal with the complaint, Mr Standing has not responded. [4] The Tribunal has found the material before it supports the complaint, and it has been upheld. The...