Search Results

1. LCRO 220/2016 UT v LE (18 December 2018) [pdf, 290 KB]

   ...of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) the Committee made the following findings: (a) Mrs LE’s intention was that ownership of the property by a trust would “ensure it was not subject to claims by her or her son’s past, current or future partners”. (b) Mrs LE “must have made Mr UT aware that her chief concern was to…protect [the property] from a prospective claim by Mr GJ”. (c) Mr UT ought to have: taken detai...

2. SH v CO & D Ltd & C Ltd & N Ltd [2021] NZDT 1615 (9 August 2021) [pdf, 237 KB]

   ...s362I of the Building Act 2004 imposes a set of implied statutory warranties that apply to all contracts for residential building work, and which includes painting where it is part of the construction of the building. These warranties are taken to form part of the building contract and help fill the gap created by the definition of “goods” in the Consumer Guarantees Act 1993 (CGA) which excludes a whole building. 6. These Building Act warranties essentially mirror the CGA guarant...

3. [2023] NZEmpC 224 Medina Trading Ltd T/A Hotel Debrett v Hunter [pdf, 270 KB]

   ...a separate issue from whether it elects to challenge all or only part of a determination. Further, he submits that a party can elect to have a full hearing limited to the part or parts of the determination which it is challenging. He relies on Form 1 of the Employment Court Regulations 2000 and also on the decision of Chief Judge Goddard in Pacific Plastic Recyclers Ltd v Foo.2 Finally, he notes that decisions which have concluded that a de novo hearing reopens the entire matter c...

4. AM v JO Ltd & Ors [2024] NZDT 496 (4 June 2024) [pdf, 206 KB]

   ...this evidence helps me to assess whether AM has proven his claim on the balance of probabilities. What was agreed about the services that were to be provided and the cost of those services? Who was the contract between? 7. A contract may be formed in writing, or orally, or may be implied by conduct. What was agreed is looked at objectively, which means by looking at what was said and done. Parties are required to adhere to the terms of their contract, unless there is a legal reas...

5. FC v N Ltd [2022] NZDT 255 (20 December 2022) [pdf, 197 KB]

   ...claim. The Tribunal has limited jurisdiction to order costs, and none of those circumstances apply. Therefore, this aspect of the claim is dismissed. Referee: J P Smith Date: 20 December 2022 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 r...

6. Mitchell v Corrections [2024] NZHRRT 13 [pdf, 176 KB]

   ...Ms S Leslie for defendant DATE OF HEARING: 17 – 18 October 2023 DATE OF DECISION: 28 March 2024 DECISION OF TRIBUNAL1 [1] In late December 2019 and early January 2020, Ms Mitchell made five separate information privacy requests under the Privacy Act 19932 (‘the Act’) to the Chief Executive 1 This decision is to be cited as Mitchell v Corrections [2024] NZHRRT 13. 2 The Privacy Act 1993 was repealed and replaced by the Privacy Act 2020 on 1 December 2020...

7. EMPC Form 4 - Statement of defence [doc, 43 KB]

   r 20(1)(a) Form 4 Under the Employment Relations Act 2000 In the Employment Court No: / (Auckland, Wellington or Christchurch* Registry (the reference number allocated by the registry, i.e. EMPC/) …………..…………………………………... [State nature of claim] Between [full name] of [address] Plaintiff (note: if more than one plaintiff, list them separately as 2nd plaintiff, 3rd plaintiff etc)...

8. Waitangi Tribunal - issue 65 of Te Manutukutuku [pdf, 3.2 MB]

   ...ministerial portfolios, includ­ ing those of Associ ate Minister for Economic Develop ment, Associate Minister of Fi nance, Minister of Com­ merce, Minis ter of Com muni ca tions, Minis ter of Correc tions, Minister of Immi gra tion, Minis ter for Information Tech nology, Minis ter of Labour, Minis ter for State­Owned Enterprises, Minis ter of Sta tistics, and Minister of Transport. In 2009, he was made a Com pan ion of the Queen’s Service Order for services as a member of Pa...

9. Practice Note 5 2018 Final [pdf, 288 KB]

   ...parties as to the manner and form of publication of any research copy. If a party wishes to draw the Tribunal’s attention to any matter he or she considers relevant, it will have regard to what the party says but is not bound by it. Any such request may be directed to ipt@justice.govt.nz, for the attention of the member/s who heard the appeal. Order as to Depersonalisation, Abridgement or Prohibition on Publication [7.2] Where the research copy of a decision differs from th...

10. [2011] NZEmpC 151 Penney v Fonterra Co-operative Group Ltd [pdf, 94 KB]

    ...given shortly afterwards by email and confirmed the following day by letter. [19] On 12 August 2009, Ms Penney signed the settlement agreement and a letter to the Authority formally withdrawing her claim. The settlement agreement included a request to a mediator to sign the agreement. Ms Penney had signed that request separately. [20] The settlement agreement provided for $10,000 compensation to be paid within 7 days into a bank account nominated by Ms Penney. It then provide...