Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

19.05.2015 | Judge Harvey | Te Ture Whenua Māori Act 1993, section 79 | Costs

08.05.15 | Deputy Chief Judge Fox, Judge Milroy, Judge Ambler | Te Ture Whenua Māori Act 1993, section  58, 79 | Costs

Jurisdiction / Disputes Tribunals Act 1988 / Applicant undertook development work and disputes arose regarding the legality of drainage work and cost of fencing on shared boundaries / Applicants sought declaration that drainage work was legal and claimed $3,800 for the cost of fencing and $4,128.50 in legal fees / Held: Tribunal does not have jurisdiction to make a declaration as sought by Applicant / cannot make a declaration in Respondents’ favour / no basis to make an order for cost of fencing against Respondents as Applicant had not served a Fencing Act notice and there was no agreement / no basis to make an order against Respondents for legal costs incurred by Applicants / claim dismissed.

[2015] NZEmpC 53 O’Hagan v Waitomo Adventures Ltd (Costs Judgment of Judge Christina Inglis, 30 April 2015) COSTS – application by defendant after successful strike-out action against plaintiff– uplift warranted - $14,000 costs award.

[2015] NZEmpC 55 Yan v Commissioner of Inland Revenue (Consent judgment of Judge Christina Inglis, 30 April 2015) CONSENT - full and final settlement on matters relating to costs – confidential terms – order of non-publication.

Consumer Guarantees Act 1993 / Applicant purchased a bike online from Respondent which developed fault / stand-off between parties as to who should pay for freight to return bike to Respondent / Applicant eventually sent the bike to Respondent which discovered and repaired minor wiring fault / Applicant claimed $1,790.96 for refund of the bike, courier costs and compensation / Held: Applicant did not give Respondent opportunity to examine the bike and to repair and therefore did not have right to reject the bike / bike failed to meet guarantee of acceptable quality and Applicant is entitled to freight cost as it is cost reasonably foreseeable / Respondent liable for cost of freighting bike back to Applicant / Applicant’s claims for other consequential losses dismissed / supplier cannot contract out of Consumer Guarantees Act / claim allowed, Respondent ordered to freight bike back to Applicant and pay $90.

2015 Social Security Appeal Authority decisions made in 2015 [2015] NZSSAA 001, February 13 Appeal against a decision to establish and recover overpayments of Domestic Purposes Benefit, Accommodation Supplement, Disability Allowance and Training Incentive Allowance. The debts were established on the basis that the appellant had been living in a relationship in the nature of marriage. Appeal dismissed. [2015] NZSSAA 002, February 13 Appeal against a decision to establish and recover overpayments of Domestic Purposes Benefit and Sole Parent Support paid to the appellant. Appeal dismissed. [2015] NZSSAA 047, July 6 Appeal against a decision of the Chief Executive upheld by a Benefits Review Committee declining to include payments for a Tread Climber as a disability cost in the assessment of the appellant’s Disability Allowance and/or Temporary Additional Support. Appeal allowed. [2015] NZSSAA 03, February 13 Appeal against a decision to decline applications for Unsupported Child’s Ben…

Appeal against decision to reduce the amount of Accommodation Supplement paid to the appellant and suspend and cancel the payment of Special Benefit. The issues in this case are: (i) how the appellant’s accommodation costs should be assessed; and (ii) whether discretion should be exercised to pay him Special Benefit. The appeal as it relates to the calculation of entitlement to Accommodation Supplement is allowed. The appeal as it relates to the payment of Special Benefit is allowed. In all other respects the appeal as it relates to Special Benefit is dismissed.

Decision Date: 16 April 2015. Charges laid under s 91 of the Real Estate Agents Act 2008

Wills v Goodman Fielder NZ Ltd costs, judgment of Judge B Corkill

Decision Date: 10 April 2015. Charges laid under s 91 of the Real Estate Agents Act 2008

Appeal against a decision to decline an advance payment of benefit to meet the cost of course fees. Appeal dismissed.

[2015] NZEmpC 34 Rodkiss v Carter Holt Harvey Ltd (Judgment of Judge A D Ford, 24 March 2015) CONSTRUCTIVE DISMISSAL – UNJUSTIFIED DISADVANTAGE - COSTS –claim for constructive dismissal – cross challenge on disadvantage grievances and cost award. Breach of duty by employer – resignation foreseeable consequence - constructive dismissal upheld.