Search Results

1. 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...

2. [2013] NZEmpC 85 Aarts v Barnados New Zealand [pdf, 328 KB]

   ...document relating to his employment but, as a result of a difference of opinion about how his personal grievance should proceed, he terminated the lawyers’ instructions. Lance Lawson took appropriate steps to follow Mr Aarts’s instructions by requesting copies of the evidential videotapes from Police and then sought properly to refer his claims against Barnardos to mediation. Their instructions were terminated by Mr Aarts shortly thereafter. [65] Unusually for what amounted, i...

3. [2013] NZEmpC 192 Gupta v Infosys Technologies (Australia) Pty Ltd [pdf, 113 KB]

   ...EMPLOYMENT COURT WELLINGTON [2013] NZEmpC 192 WRC 35/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for an order striking out amended statement of claim BETWEEN NEEL GUPTA Plaintiff AND INFOSYS TECHNOLOGIES (AUSTRALIA) PTY LIMITED Defendant Hearing: (by memorandum filed on 25 September 2013 and 9 October 2013) Representation: Gregory Bennett...

4. [2023] NZEmpC 87 Riddler v Meridian Energy Ltd [pdf, 239 KB]

   ...information, communications technology equipment and services. Mr Riddler provided some of those services to Meridian as a Fujitsu employee working from Meridian’s premises in Twizel. [2] On 2 November 2020, Meridian wrote to Fujitsu requesting that it remove Mr Riddler from handling its account or any activity relating to the provision of services for it. The same day Fujitsu informed him about Meridian’s request. [3] Mr Riddler was instructed not to attend Meridian...

5. 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...

6. 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...

7. [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...

8. 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...

9. FI v CI [2021] NZDT 1651 (8 November 2021) [pdf, 204 KB]

   ...costs to a party in certain limited circumstances, none of which apply in this case. For this reason, I do not find that FI can claim these costs. Referee: K. Armstrong Date: 8 November 2021 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...

10. Ref: LCRO 99/2019 SQ v LP (27 October 2020) [pdf, 235 KB]

    ...ecologist's September 2007 report which concluded Mr SQ's property was "significant". 2 Soon after Mr SQ was informed by the Council that the regenerating native forest on the property had “high rarity distinctiveness”. He requested a review of the Council valuations from 1 September 2007. 3 Annulled a year later on 27 July 2015. 3 sign of illegality by the Council, and “there did not appear to be strong arguments for judicial review at [that] stage”....