Search Results

1. [2006] NZEmpC AC 74/06 Sandifer v Plumbers Gasfitters & Drainlayers Board NZ [pdf, 34 KB]

   ...representatives costs. [12] The defendant therefore sought an amount at least equal to 60 percent of actual costs reasonably incurred of $5,100, plus an appropriate contribution to the total witness expenses of $2,363. [13] The plaintiff did not file a reply and the defendant was required to seek a timetable requiring a response in order to resolve the issues. [14] On 26 July 2006 the plaintiff wrote to the Court stating that he was still in negotiations with the defendant, th...

2. [2006] NZEmpC AC 42/06 Mills v Macks Seafoods (1997) Ltd [pdf, 32 KB]

   ...declaration whether a person or persons are employees AND IN THE MATTER OF an application for costs BETWEEN MURRAY MILLS Plaintiff AND MACKS SEAFOODS (1997) LIMITED Defendant Court: Judge B S Travis Hearing: By submissions filed on 1, 8 and 9 June 2006 Judgment: 3 August 2006 at 4.15 pm COSTS JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff filed an application for declaration under s(6)(v) of the Employment Relations Act 2000 on 8 June 2005 claiming that h...

3. Marsden [2012] NZWHT Auckland 2 [pdf, 148 KB]

   ...of the Chief Executive’s decision under section 49 CLAIM NO. 6698: KYM IRIS MARSDEN ELIGIBILITY DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL [1] Ms Marsden is the owner of a leaky home. On 27 July 2011 she filed an application for an assessor’s report with the Department of Building and Housing. Although the assessor concluded her claim was eligible the chief executive concluded that the claim was not an eligible claim because it was not fil...

4. WA v XB LCRO 130/2012 (18 March 2015) [pdf, 33 KB]

   ...(NZLS), Ms WA considered more substantial penalties were appropriate, including compensation for losses she attributes to Ms XB and her employee. She continues to press her claim for compensation on review. [3] The Law Society opened a separate file with respect to Ms WA’s complaints about the conduct by Ms XB’s employee. Although it is relevant to the factual background of Ms WA’s complaint against Ms XB, the employee’s conduct is not the subject of this review. 2...

5. LLC v ICQ [2012] NZIACDT 10 (28 March 2012) [pdf, 137 KB]

   ...properly advise Ms LLC, who elected to proceed when fully informed of the difficulties. In Ms ICQ’s judgement the applications had merit, though she could have no confidence they would succeed. [5] Ms LLC also said Ms ICQ did not provide a copy of her file when asked, however Ms ICQ said there was no request for the file. [6] There are two issues: [6.1] Did Ms ICQ communicate with Ms LLC so she was in a position to, and did, give informed consent to proceeding with the applications?...

6. IP v AR LCRO 161 / 2011 (15 June 2012) [pdf, 58 KB]

   ...separation from his wife. The Applicant had originally acted for himself, and had then approached the Practitioner for assistance. The Applicant was charged $3,400 plus GST and disbursements. The Applicant’s refusal to pay led the Practitioner to file a claim in the Disputes Tribunal. [3] The Applicant’s complaint to the New Zealand Law Society stated that the reason for his not paying was that he felt the Practitioner was working for the industry, and working for the opposi...

7. Dooley v Canterbury District Health Board (Strike-Out Application) [2018] NZHRRT 34 [pdf, 167 KB]

   ...investigated by the Privacy Commissioner. [4.2] The only rules of the Code which had been the subject of the investigation were rules 6 and 7. [4.3] No breach of rules 6 and 7 had been found. The statement of claim [5] By statement of claim filed on 9 February 2016 Mr Dooley alleged that both the Canterbury District Health Board (CDHB) and the SCDHB had breached not only rules 6 and 7 but also rules 5 (which governs the way health information is stored), 9 and 10 (which place restri...

8. WHT Annual Report 2020 [pdf, 272 KB]

   ...decline in the number of new claims commenced compared with the previous financial year. We are now well past the peak of ‘leaky home’ building in this country. As has been the case for a few years now, more claims were finalised than were filed, so the number of outstanding active claims (11) is now small. Notwithstanding this trend, it is expected that the Tribunal will continue to receive new claims at a modest level for some years to come. In order to improve access t...

9. Buck [2010] NZWHT Auckland 34 [pdf, 89 KB]

   ...accepting that the house is a leaky home, both the assessor and the chief executive of the Department of Building and Housing have concluded that the claim is not an eligible claim because the house was built more than ten years before the claim was filed. The claimants have applied for reconsideration of the chief executive’s decision under section 49 of the Weathertight Homes Resolution Services Act 2006 (the Act). The Issues [2] The key issues to be determined in this...

10. Raukawa v Lux - Opape 3A1E (2020) 238 Waiariki MB 119 (238 WAR 119) [pdf, 179 KB]

    ...beneficiaries was to be convened within three months from the decision to elect up to three additional trustees; (c) the trustees were directed to prepare a marae charter within six months for endorsement by the beneficiaries with a copy to be filed with the Registrar; and (d) counsel was directed to file detailed submissions on the proposed consolidation of the marae reservation and the “marae extension” within two months. [2] Counsel then requested an extension for the filing...