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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)...
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...
...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...
...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...
...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...
...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...
...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...
...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...
...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...
...the same document originally submitted with the claim. 4. Clause 8.3 states that if anything should happen to the horse during the lease period, the Respondent is liable for 50% of the value of the horse, 50% being $15,000.00. No valuation information was provided. The Respondent states that she was unaware of such a clause and her copy contains no such clause. 5. The Respondent was 17 years of age at the time of the contract and was asked to sign it on the spot without seeking...