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1. Re Jones (Rejection of Statement of Claim) [2021] NZHRRT 19 [pdf, 116 KB]

   ...AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson REPRESENTATION: Mr MJ Jones in person The intended defendant was not heard DATE OF DECISION: 14 April 2021 DECISION OF TRIBUNAL THAT INTENDED STATEMENT OF CLAIM NOT BE ACCEPTED FOR FILING1 BACKGROUND [1] On Friday 12 March 2021 Mr Jones presented for filing in the office of the Tribunal a statement of claim under the Privacy Act 2020, s 98. [2] At Step 3, p 5 of the document he ticked th...

2. Calculator FAQ

   ...and taking an average of these six rates. The average is the base rate. Adding the premium of 0.15% to the base rate. The result becomes the per annum simple interest rate. Converting the per annum simple interest rate into a daily effective rate. The formula for this conversion is as follows: Daily effective rate = ((1+"per annum simple interest rate as %"/100)^(1/”Days in the year”)-1) x 100 The result is the interest rate expressed as a daily effective rate for the specific day. How is...

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3. [2014] NZEmpC 213 Hixon v Campbell and Ors substantive [pdf, 264 KB]

   ...employee records of a number of AHV’s employees to him. 1 Hixon (Labour Inspector) v Campbell [2014] NZERA Christchurch 4. 2 28 April 2014. These included copies of job application forms, employment agreements, and tax forms. Mrs Campbell also provided Mr Hixon with a summary of wages and deductions in respect of individual employees. Whilst these records were incomplete, he was able to compile a schedule of tool allow...

4. Allan v Christchurch City Council [pdf, 81 KB]

   ...relates to the deformation of diverter flashings. The Council’s position is that the building was fortunate that there were diverter flashings, as they were not commonly seen at that time. Unfortunately, these diverter flashings were improperly formed and therefore failed to carry out the task that they were designed to do. [30] The first respondent’s first line of defence was that there was no defect in the diverted flashings. This has already been rejected in the fi...

5. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

   ...adopting Sumption LJ, quoting Lazarus Estates Ltd v Beasley [1956] 1 QB 702 at 712 per Denning LJ. 11 At [100]. 12 Gilford Motor Co Ltd v Horne [1933] All ER 109, [1933] Ch 935 at 114,956. I am quite satisfied that this company was formed as a device, a stratagem, in order to mask the effective carrying on of a business of Mr. E. B. Horne. The purpose of it was to try to enable him, under what is a cloak or a sham, to engage in business which, on consideration of the a...

6. [2021] NZACC 197 - Thirring (9 December 2021) [pdf, 268 KB]

   ...appellant’s left foot/ankle. Background [2] On 27 September 2016 the appellant injured her left foot/ankle when she knocked it on wood at her home in Christchurch. [3] On 15 November 2016 the appellant visited her GP, Dr Averis, and an ACC injury claim form was completed and lodged. The claim was for a foot/ankle sprain. Cover was granted for the injury on 22 November 2016. [4] On 8 September 2017 Dr Averis referred the appellant to orthopaedic surgeon, Mr Maxwell...

7. BB & TL v A Ltd [2023] NZDT 667 (24 November 2023) [pdf, 176 KB]

   ...were noticed by the Applicants, whose lawyer notified A Ltd of the list of items that required remedying prior to settlement of the sale. The settlement went ahead before the defects were remedied and following settlement, the Applicants again requested that the defects be remedied. When the A Ltd did not address the request, the Applicants brought their claim to the Tribunal. 3. Following two hearings which were adjourned to allow the remedial work to be carried out, A Ltd remed...

8. Options for resolving remaining Canterbury Earthquakes Insurance disputes [pdf, 384 KB]

   ...establishing an arbitration tribunal with an inquisitorial focus as an alternative pathway for claimants, EQC and insurers to resolve disputes. It states: 36.1. Principles by which the tribunal will operate include: • Fast track: no delays at request of insurance companies; • Decide claims based on equity and good conscience; • Allow compensation for distress caused by undue delay by insurers; 36.2. Claimants will face no costs to access the tribunal and the adjudicator will a...

9. [2013] NZEmpC 121 Thunderbird One Ltd v Harrington [pdf, 52 KB]

   ...plaintiff”. However, other than in the intituling, the statement makes no reference to the “first plaintiff” and seeks no relief on behalf of that company. The application for extension of time was made solely by Thunderbird One Limited. The form of these documents reflects the Authority’s conclusion in its first determination that the applicant was the respondent’s employer. That determination was not challenged. On the material currently before the Court, there is n...

10. Options for resolving remaining Canterbury earthquakes insurance disputes [pdf, 371 KB]

    ...establishing an arbitration tribunal with an inquisitorial focus as an alternative pathway for claimants, EQC and insurers to resolve disputes. It states: 36.1. Principles by which the tribunal will operate include: • Fast track: no delays at request of insurance companies; • Decide claims based on equity and good conscience; • Allow compensation for distress caused by undue delay by insurers; 36.2. Claimants will face no costs to access the tribunal and the adjudicator will a...