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1. [2010] NZEmpC 128 McKendry v Jansen & Prouting [pdf, 82 KB]

   ...Remedies (1) Where the Authority or the Court determines that an employee has a personal grievance, it may, in settling the grievance, provide for any 1 or more of the following remedies: (a) reinstatement of the employee in the employee's former position or the placement of the employee in a position no less advantageous to the employee: (b) the reimbursement to the employee of a sum equal to the whole or any part of the wages or other money lost by the employee as a result o...

2. LCRO 47/2021 BQ v ZG (16 December 2024) [pdf, 665 KB]

   ...transfer to “our trust account” of the funds Firm A held in trust. Firm A requested from Ms ND “… your firm’s undertaking that you will retain the sale proceeds … undisbursed, until resolving of division of relationship property between [the former husband] and [the respondent]”. [13] The exchange is puzzling. Barristers do not operate trust accounts. Ms ND may not have understood this. [14] Ms ND engaged with Firm A regarding the form of undertaking required. On...

3. CW v Accident Compensation Corporation (Claim for cover for mental injury) [2025] NZACC 057 (7 April 2025) [pdf, 338 KB]

   ...Hearing: 3 March 2025 Submissions: B Hinchcliff for the Appellant F Becroft for the Respondent Judgment 7 April 2025 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE D L HENARE Claim for cover for mental injury s 26(1)(c) Accident Compensation Act 2001 ____________________________________________________________________ Introduction [1] In 1980, CW received an injection into her supraspinous/interspinous ligament a...

4. Ngāti Kahungunu ki Wairarapa Tāmaki nui-ā-Rua Claims Settlement Bill [pdf, 962 KB]

   ...consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.4 Whether s 27(3) at issue 9. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring ci...

5. BD Ltd v YW [2013] NZDT 654 (28 November 2013) [pdf, 114 KB]

   ...LIMITED APPLICANT AND YW RESPONDENT Date of Order: 28 November 2013 Referee: Referee Reuvecamp ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed Facts [1] The applicant claims $5,202.37 in respect of goods to the value of $3,917.17 supplied to ABC Limited (“ABC”, company number #####) during 2011 and interest and enforcement costs. The company is now in liquidation. The applicant claims that the respon...

6. BORA Rongowhakaata Claims Settlement Bill [pdf, 279 KB]

   Rongowhakaata Claims Settlement Bill 15 February 2012 ATTORNEY-GENERAL Rongowhakaata Claims Settlement Bill (PCO 14005 version 3.9): Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/166 1. I have considered the current draft of this Bill for consistency with the New Zealand Bill of Rights Act 1990 (“the Bill of Rights Act”). I conclude that the Bill appears to be consistent with the Bill of Rights Act. This advice addresses issues which arise in...

7. Costs & disbursements

   ...but there has not yet been a judgment on the final application. You should carefully record the costs and disbursements you incur in bringing or defending a proceeding, as you may have to show evidence of them if your proceeding is successful and they form part of an application for costs. Costs In most cases, when a judge orders the unsuccessful party to pay costs, the Judge will allocate a scale for the costs to be calculated. The cost scales are listed in: Schedule 4 of the District Court...

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8. ED v CC [2022] NZDT 228 (25 November 2022) [pdf, 206 KB]

   ...TRIBUNAL District Court [2022] NZDT 228 APPLICANT ED RESPONDENT CC The Tribunal orders: The claim is dismissed. Reasons: 1. CC emailed ED regarding the purchase of quail eggs and quails. 2. ED replied sending some information and proposing some dates to send a breeding group of quails, eggs and feed. 3. CC responded saying that she would love to proceed and asking if she could get the birds a little later. She also asked ED for his recommendation abo...

9. Retto v Standing [2012] NZIACDT 69 (28 September 2012) [pdf, 97 KB]

   ...met with Mr Standing and concluded he was not providing the services he agreed to provide. 6 [49] Mr Retto terminated Mr Standing’s engagement and requested that Mr Standing refund the money he had paid. Mr Standing ignored the requests. [50] The Tribunal upheld the complaint. The evidence supporting the complaint established: [50.1] Mr Standing obtained fees dishonestly through misrepresentations, [50.2] He failed to account for the money he dishonestly solicited....

10. [2021] NZACC 2 - Judkins v ACC (5 January 2021) [pdf, 183 KB]

    ...Ferguson reported a diagnosis of Mr Savage having significant low back pain and lower limb radiculopathy secondary to LB/S1 disc herniation. [4] On 11 June 2018, Mr Judkins’ general practitioner (“GP”), Dr Bjornholdt, filed an ACC injury claim form for pain in the lumbar and thoracic spine as a result of a gradual process. The claim form described “repetitive strain and repetitive injuries over the years working as a plumber”. [5] On 25 June 2018, Mr Judkins completed...