Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

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. 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...

8. [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...

9. 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...

10. Peter and Tony Spooner Family Trust v Elle Cee Developments Ltd [pdf, 26 KB]

    ...reconsider the previous determination of the adjudicator of 31 May 2007 that the Tribunal has no jurisdiction to reconsider or to review eligibility. A second issue, dependent on the answer to the first issue framed above, is whether I should, as requested by Tauranga City, refer the issue of eligibility to the High Court pursuant to s 119 of the 2006 Act. Analysis 7. The original claim was filed under the 2002 Act and found to be an eligible claim by the evaluation pa...