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1. [2020] NZIACDT 19 - DMX v Guich (11 May 2020) [pdf, 112 KB]

   ...source, the governing legislation. [57] Mr Guich appears to have neither looked at the letter nor the website, instead relying on a hard copy guide in his office, which turned out to be several years out of date. That is always the risk with resource materials held in hard copy in an office. He was not entitled to determine the appeal period, a critical calculation as he accepts, in that way. [58] Mr Guich relies on the Tribunal’s decision in E v S where a complaint including a...

2. [2020] NZEmpC 81 AlKazaz v Asparona Ltd [pdf, 272 KB]

   ...others at Deloitte to impede his utilisation and redeployment. The categories read as follows: 10) Mr Ahmed AlKazaz's requests which were made few months prior to the end of his employment by email to his colleague (Nick Charles) and the resources manager at DeloitteAsparona’s business practice which was approved for him to be deployed on upcoming Database Administration in light of his previous work as a Database Administrator in the past. Also, how and why did Ms Kenri...

3. [2021] NZACDT 14 - YC v Wan (29 June 2021) [pdf, 133 KB]

   ...They feel obliged to compensate her for some costs, though not all her expenses. [27] Mr Wan and Ms Han offer a refund of $1,995 and additional compensation of $1,630: Reconsideration application fee $220 s 61 request $410 Time and resources for them to process a reconsideration and s 61 request $1,000 $1,630 JURISDICTION [28] The Tribunal’s jurisdiction to impose sanctions is set out in the Immigration Advisers Licensing Act 2007 (the Act). Having heard a compl...

4. [2021] NZEmpC 113 Waitoa v The Chief Executive of the Ministry of Social Development [pdf, 231 KB]

   ...relation to any decisions to be made regarding Mrs Waitoa arising out of the sit-in. The Manager Operational Support, Residential and High Needs was tasked to undertake an investigation of the sit-in incident with the support of MSD’s human resources. Usually it would be the Residence Manager (in this case Mr Kuiti) who would conduct the disciplinary investigation, but as he was involved, it was not appropriate for him to do so. Mrs Waitoa was represented by the PSA during the...

5. [2021] NZSSAA 9 (26 March 2021) [pdf, 204 KB]

   ...[9] Section 95 of the Act establishes Temporary Additional Support to provide temporary financial assistance, as a last resort, to alleviate financial hardship for people who cannot meet essential costs from their chargeable income and other resources. Chargeable income includes the cost of accommodation. [10] Section 304 of the Act provides that the Ministry may review a benefit to ascertain whether the beneficiary remains entitled to receive the benefit or to review the rate o...

6. [2022 NZACC 59 – McPhail v ACC (12 April 2022) [pdf, 328 KB]

   ...claimant. In addition the Court is not only ill suited to determining what might be reasonable costs in a particular instance having regard to the economics of private legal practice, but any such attempt would impose a significant burden on judicial resources should every decision on costs require the careful consideration of this Court. [14] Judge Powell noted that the solution to this difficulty in other jurisdictions (including the District Court's general civil jurisdict...

7. Lisale v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 228 [pdf, 205 KB]

   ...been properly construed or interpreted and applied to the facts: CIR v Walker.8 • Even if the qualifying criteria are established there remains an extensive discretion in the grant or refusal of leave to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: Jackson and Kenyon.9 Grounds of appeal [40] Mr Hinchcliff submitted the main issue in th...

8. [2022] NZEmpC 185 McPherson v Oji Fibre Solutions (NZ) Ltd [pdf, 270 KB]

   ...there are related proceedings before two employment institutions. These imperatives include mitigating time and cost for the parties, reducing a risk of inconsistent findings of fact or law, and allowing for the more efficient use of judicial resources. First issue: sufficient similarity? [41] Mr Mitchell, counsel for Mr McPherson, suggested the ground raised under s 178(2)(c) was the stronger of the two grounds raised. I therefore deal with that ground first. [42] He submi...

9. [2022] NZACC 84 – Olliver v ACC (10 May 2022) [pdf, 200 KB]

   ...(2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person’s underlying health condition: 9 (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself, const...

10. LCRO 191/2020 QC on behalf of ABC Limited v VH (8 April 2022) [pdf, 185 KB]

    ...that he found no evidence of duplication. [56] This was complex litigation which, in the course of its progression, required the lawyers to attend to a number of tasks. I agree with Mr JP that it presented as both sensible and an effective use of resources, for lawyers of lesser experience than Mr VH to be tasked with attending to the more routine matters. That is common practice in litigation such as this. [57] Ms QC identified some specific instances where she considered that th...