Search Results

1. Nisha v Devi [2011] NZIACDT 23 (7 July 2011) [pdf, 90 KB]

   ...application was in progress. [6.8] In May 2010, the Teachers Council closed the application due to lack of documentation. It appears the Adviser knew of that development and failed to inform the Complainant. Furthermore, the Teachers Council had requested the information from the Adviser twice and no steps had been taken by the Adviser. The Adviser did request further documents in June 2010 and they were supplied by the Complainant. 3 [6.9] On 8 August 2010, the Complainant...

2. NC v D Ltd [2024] NZDT 683 (30 August 2024) [pdf, 211 KB]

   ...18(6) states - the Tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. 6. To “have regard to the law” under s 18(6) includes considering legal principles that the referee is aware of in a fair and unbiased manner and applying the law in an impartial manner, save when strict observa...

3. Waitangi Tribunal - issue 59 of Te Manutukutuku [pdf, 669 KB]

   T E R Ö P Ü WH A K A M A N A I T E T I R I T I O WA I TA N G I. TE MANUTUKUTUKU Editorial The choice of a new process for hearing claims Dr Grant Phillipson Chief Historian Te reo Mäori at Tribunal hearings Tribunal inquiries in progress Ngä känohi höu – new Tribunal members and officers Northern South Island Inquiry concludes hearings Haratua 2004 552 May 2004 After the introduction of the Crown’s foreshore and seabed policy in August 2003, claimant groups from all ar...

4. LCRO 109/2023 W and F JM v EB and MK [pdf, 221 KB]

   ...information available if the LCRO considers that the review can be adequately determined in the absence of the parties. This is commonly referred to as a hearing “on the papers”. [29] After undertaking a preliminary appraisal of the file, I formed the provisional view that the review could properly be conducted on the papers. The parties were given the opportunity to comment on that proposal. The applicants wished to be heard in person. The respondents were content with the matte...

5. QI & UD v P Ltd [2023] NZDT 636 (28 November 2023) [pdf, 175 KB]

   ...plaster after the remedial work. UP agrees that this is a reasonable price for the sealant that would have been needed. Therefore, the claim is proved in full. Referee: Sara Grayson Date: 28 November 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

6. IN & KT v D Ltd [2023] NZDT 737 (20 December 2023) [pdf, 188 KB]

   ...damage caused by…operation of the forces of nature that an experienced contractor could not foresee or reasonably make provision for or insure against. “ 10. Mr A of D Ltd claims rising costs from suppliers, spurred by the pandemic, make performing the fixed-price contract infeasible. Additionally, Mr. A noted there were other contributing factors in the decision to cancel the contract, including numerous delays. For example, the settlement of titles was expected to occur in 2022,...

7. SO v GU [2023] NZDT 326 (26 May 2023) [pdf, 156 KB]

   ...other costs to bring the claim unless it is provided for by contract and in certain specific circumstances described in s 43. None of those circumstances apply here. Referee: R Merrett Date: 26 May 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

8. ST P Ltd v D Ltd & R Ltd [2024] NZDT 3 (8 January 2024) [pdf, 183 KB]

   ...pay rate of $36.00 an hour. Therefore, I find $216.00 is fair and reasonable compensation. 17. In total I have found P Ltd is entitled to $906.00 compensation. Referee: C Murphy Date: 8 January 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

9. WU v QW [2024] NZDT 275 (13 May 2024) [pdf, 99 KB]

   ...her and therefore I dismiss the claim for burying MN. 15. In sum, I have found the amount that is reasonable is $902.25 being $614.20, $58.15 and $229.90. Referee: C Murphy Date: 13 May 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

10. Kwak v Park [2015] NZWHT Auckland 3 [pdf, 208 KB]

    ...skill are exercised in the building of houses and that the ambit of the developer’s duty, which is well defined in case law, is related to construction and not to inspection and certification which are regulatory functions. [27] The Kwaks’ former counsel in submissions on removal placed some emphasis on the contractual relationship between Mr Park and the private certifier and suggested that this provided a hook for the developer’s liability. I noted however, that it is n...