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1. DO v CH [2024] NZDT 576 (29 July 2024) [pdf, 189 KB]

   ...CH owes him $2,700.00 because he did not stay for the fixed term as agreed. CH accepts he owes DO $270.00 for 1 weeks’ rent which can be deducted from the bond but believes DO should return the balance of the bond ($230.00). No counterclaim was filed. 4. The issues to be determined are as follows: • Did CH breach the agreement? • What loss if any did DO suffer as a result? Did CH breach the agreement? 5. I find that CH did breach the agreement when he gave 2 weeks...

2. IQ v M Ltd [2025] NZDT 22 (3 February 2025) [pdf, 127 KB]

   ...Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Please also note that you cannot appeal a rehearing outcome, only the original decision itself. As a result, any appeal filed at the conclusion of the rehearing process would be out of time, involves a further application for leave to appeal and is at risk of not being accepted. If you wish to reserve a right of appeal you may therefore wish to file an appea...

3. Nicholas v Caudwell - Succession to Walker Whakaahua Kameta (2021) Chief Judges MB 1023 (2021 CJ 1023) [pdf, 325 KB]

   ...that the said order is incorrect due to a mistake and/or omission by the Court and in the presentation of the facts of the case to the Court upon the grounds set out in the Registrar’s Report and Recommendation. I note that this application was filed in 2014 and has taken far too long to be processed by the Registrar. Kōrero whānui Background [5] The Registrar’s Report and Recommendation (the Report) dated 20 February 2020 sets out the background to this application. The R...

4. LCRO 139/2020 MX v RJ and DJ (30 September 2021) [pdf, 252 KB]

   ...there were proceedings before the High Court when sale proceeds were received; and (c) submitted that attempts should have been made by the executors to communicate with the beneficiaries of the estate. [15] The comprehensive submission in reply filed by Ms MX provided detailed account of a significant number of matters that are not required to be considered or addressed on this review. I appreciate that in electing to provide such a comprehensive response, she was clearly endeav...

5. National Standards Committee 2 v Tingey [2023] NZLCDT 22 (17 May 2023) [pdf, 302 KB]

   ...partner, but says that because of what Mr Tingey had said to her, she felt she could not allow that relationship to develop. She said in evidence that she was also upset about this. [40] At the same time, Ms X and Mr Tingey were working on a file together (the A case). It was a file from one of Mr Tingey’s major clients and was one of several similar pieces of litigation of which this was the first to be going to trial, therefore was likely to have precedent value. It was als...

6. Puohotaua v Paranihi - Rakato and Part Rakato B Maori Reservation (2024) 487 Aotea MB 53 [pdf, 298 KB]

   ...recuse myself from hearing it. I declined for the reasons given in a decision at 486 Aotea MB 31-37. 3 I also need to decide how I address the request from the current trustees for an order under s 98C of the Act to restrict Ms Puohotaua from filing further applications against the Reservation Trust. 4 The Removal Application was filed on 26 March 2023. At that point I merged it with two other applications relating to the Reservation Trust and the Rakato Ahu Whenua Trust, in the sens...

7. [2007] NZEmpC AC 44B/07 Tones v 3D1 Ltd [pdf, 17 KB]

   ...SHAW Background [1] On 19 September 2007 a judgment was issued1 in which Mr Tones’s claim to have been an employee of 3D1 Limited was dismissed. [2] The parties were unable to resolve costs by agreement and the defendant had 21 days to file submissions. By agreement this was extended to 17 October 2007. On 18 October 2007 a faxed memorandum of submissions as to costs on behalf of the defendant was filed in which it sought costs for both its successful application for se...

8. [2010] NZEmpC 127 Brownie v Fuster [pdf, 17 KB]

   ...September 2010, the registrar received a letter from Mr Brownie saying that he wished to “appeal” the Authority’s determination. The letter did not meet the minimum requirements for a statement of claim and was not accompanied by the required filing fee. In any event, it was received by the Court outside the 28 day period prescribed by s179(2) of the Employment Relations Act 2000 within which a challenge may be made as of right. Mr Brownie was told that, if he wishe...

9. Ye v Chen [2015] NZIACDT 25 (13 March 2015) [pdf, 109 KB]

   ...Registrar: M Denyer, Ministry of Business Innovation and Employment, Auckland. Complainant: In person. Adviser: S Laurent, Laurent Law, Auckland. Date Issued: 13 March 2015 2 DECISION The issue [1] The Registrar filed a statement of complaint dated 9 December 2014. Through her counsel, Ms Chen responded with an application to dismiss the complaint because the Statement of Complaint does not comply with the Tribunal’s practice note and does not adequatel

10. Dixon v Dixon [pdf, 62 KB]

    ...removed. Applications for Joinder Bay Building Certifiers Ltd The second respondent, Key Homes Tauranga Ltd (Key Homes) abandoned their application to join Bay Building Certifiers Ltd (BBC Ltd) as it has been struck off. Mr Wellington Key Homes filed an application to join Mr Wellington on the grounds that he was a director of BBC Ltd and in that capacity he owed a duty of care in the inspection of the dwelling to ensure that it complied with the Building Act. Failure to do so cont...