Search Results

1. [2023] NZEmpC 205 Supercity Towing Ltd v Huch [pdf, 216 KB]

   ...required Mr Huch to have and maintain a V endorsement on his driver’s licence. Mr Huch did not obtain the necessary V endorsement. Supercity was still prepared to employ him, however, but as a carpark monitor. In that role, Mr Huch identified and clamped cars that were unlawfully parked. [4] The original employment agreement, prepared for the recovery vehicle operator and driver position, provides: Normal Hours of Work: Forty (40) hours per week less meal breaks. The Hours...

2. ORC outline conditions for surface water takes [pdf, 176 KB]

   ...Conditions X(a) and X(b)) must not exceed [X] cubic metres in each 12-month period, commencing 1 July of any year and ending 30 June of the following year. Condition X: Installation and operation of water meter / datalogger / telemetry a) [where a clamp on meter is to be used – alternative condition needed where a flow rig is to be used] The Consent Holder must, before the first exercise of this consent install an easily accessible straight pipe(s), with no fittings or obstructions...

3. X Ltd v EK [2024] NZDT 784 (16 September 2024) [pdf, 110 KB]

   ...and skill. However, there are some aspects that weren’t, these included: a. That the street side deck piles were set out incorrectly and therefore required additional framing to pack out for the cladding. b. Damage to the downpipe and wheel clamp. c. Decking screws being drilled between joists. d. The non removal of piles from the old deck. e. That the street side deck was longer than the plans provided. 9. I find that due to the breakdown in relationships and discussions hel...

4. EA v UZ Ltd [2015] NZDT 889 (12 August 2015) [pdf, 149 KB]

   ...credibility. He questioned whether the comments made by forum users should be believed because UZ Ltd had not been advised by UZU that there was any issue with the airbox. [12] EA demonstrated at the hearing how the design of the filter and clamps allows unfiltered air to enter the intake of the engine. The filter is not only too flexible but is not oiled. Under engine acceleration the air forced on the filter is such that the filter distorts and lets unfiltered air into the e...

5. SU v F Ltd [2023] NZDT 266 (25 May 2023) [pdf, 108 KB]

   ...fee for parking violations is “up to $200”, F Ltd said that fees over $100 are only charged for wrongful use of mobility spaces, whereas the initial fee charged to SU was $80. F Ltd pointed out that the statutory maximum fee chargeable by wheel clamping operators is $100 including GST.2 Although it would be clearer if the clause differentiated between mobility spaces and other violations, I find that neither the $200 maximum nor the $80 fee were disproportionate to F Ltd’s legitimate...

6. [2015] NZEmpC 10 Graeme’s Service Centre v Stalker [pdf, 110 KB]

   ...when the solicitor’s office reopened after the Christmas break. She believed that the Collections Unit would then allow the Court to consider the stay. However, on 22 January 2015, another bailiff attended the business premises and placed a clamp on a vehicle registered to the plaintiff. She had not referred to these issues in her previous affidavit, as she had not understood the importance that would be attached to them. She said that she genuinely believed that by dep...

7. Director of Proceedings v Zhu [2012] NZHRRT 7 [pdf, 150 KB]

   ...always accompanied by a support worker. When travelling any significant distance the aggrieved person travels in a specially adapted van. Once inside the van, the aggrieved person is unable to move the wheelchair without assistance, as the chair is clamped in place and the aggrieved person strapped into the chair. Events on 21 August 2009 10. On or about 21 August 2009 a neighbour of the Glendhu Road address (the neighbour), saw a van parked in the driveway of the Glendhu Road ad...

8. TD v Q Ltd [2024] NZDT 761 (31 October 2024) [pdf, 202 KB]

   ...It is not necessary to establish the existence of a contract for Q Ltd to claim the penalty fee. In the English Court of Appeal case of Arthur v Anker [1997] QB 564, the court held that a driver who knew the consequences of unauthorised parking (clamping) voluntarily accepted the consequences of his actions. In other words, the circumstances were covered by recognised tortious principles. Another example of a trespassing driver being dealt with under the law of tort is Jamieson’s T...

9. Director of Proceedings v Hurst [2019] NZHRRT 27 [pdf, 329 KB]

   ...table. 87. Contrary to accepted midwifery practice, the defendant failed to press the emergency call bell immediately when Baby N was born pale and floppy and making no respiratory effort, to obtain immediate neonatal assistance, and failed to clamp and cut the umbilical cord immediately to enable prompt neonatal resuscitation. Post-delivery - Baby N 88. After being transferred to the resuscitation table Baby N was given intermittent positive pressure ventilation via a Neopuff....

10. Downes v Accident Compensation Corporation (Personal Injury) [2023] NZACC 046 [pdf, 201 KB]

    ...Russell Meads. He summarised the history of her injury and treatment, including the following information from the appellant: She stated at the present time she has pain on the left side of her neck. She said this is severe. She feels it is a tight clamping pain, going from her spine down to her shoulder. The pain is worse with movement. The pain wakes her at night. She finds it difficult to lie on her left hand side. She stated that all of her left arm feels weak. She state...