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1. MN v EX [2024] NZDT 68 (23 February 2024) [pdf, 102 KB]

   ...reasonable to compensate EX for the breach of contract by MN. This sum is to be taken out of the deposit held by EX and the balance is to be paid to MN. Referee: R Merrett Date: 23 February 2024 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...

2. AA v BB [2024] NZDT 80 (26 February 2024) [pdf, 103 KB]

   ...claim and BB did not attend to present his counterclaim, it is not necessary to determine the third issue. 15. The claim and counterclaim are dismissed. Referee: G.M. Taylor Date: 26 February 2024 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...

3. EMPC Form 2C - Notice accompanying statement of claim served outside NZ [doc, 28 KB]

   Form 2C Notice accompanying statement of claim served outside New Zealand Schedule 3, clause 5A, Employment Relations Act 2000 1 The plaintiff named in the attached statement of claim has commenced proceedings against you by filing a statement of claim in the Employment Court. 2 Even though you are outside New Zealand, the Court may hear and determine these proceedings. It may do so if the proceedings come within its jurisdiction. The grounds on which the plaintiff says that the proceeding...

4. Chalecki v Accident Compensation Corporation (Strike out application) [2025] NZACC 163 [pdf, 326 KB]

   ...sought in respect of a decision, in terms of s6 of the Act. [31] Given Mr Chalecki’s reference to a 1987 document, such material as may be relevant was created in terms of the 1982 Act. [32] Mr Chalecki further submitted on the context of his claims that: • He has made repeated requests of the Corporation for rehabilitation which were ignored. • His pig farm was not a hobby, he paid ACC levies and received weekly compensation. Despite this the Appeals Authority in 2015 descr...

5. [2011] NZEmpC 36 Zhou v CE of DOL [pdf, 232 KB]

   ...for appointment of a special advocate is connected with document disclosure and will be dealt with immediately before that final topic. This hierarchy of dealing should allow a logical and categorical treatment of the plaintiff‘s very broad request for more information. Application for further particulars of statement of defence [10] The plaintiff seeks an order pursuant to reg 6(2) that the defendant provide, within such time as may be fixed, further and better particulars and a...

6. Waitangi Tribunal theme D - Crown's right of preemption [pdf, 4.2 MB]

   ...was given an early draft of my report, and my tables detailing the pre-emption waiver purchases, which he used in the early part of his report in particular. This chapter, while initially relying on John's framework, includes some additional information and, in parts, a change in interpretation based on knowledge gained through my research for the earlier chapters of this report. Pre-emption was one of the earliest practical expressions of British sovereignty. One of the key aspects...

7. ZA v YB LCRO 164/2013 (31 August 2016) [pdf, 93 KB]

   ...action in relation to Mr [ZA]’s complaints about Mr [YB]’s conduct was not necessary or appropriate, pursuant to s 138(2) of the Lawyers and Conveyancers Act 2006 (the Act). Background [2] Mr [YB] acted for Ms [RI] and her husband, Mr [PK], as claimants in a claim (the claim) to the Weathertight Homes Tribunal (the WHT). A translator was involved to assist communication between Mr [YB] and his clients. Ms [RI]’s father, Mr [RI], was also involved in the claim process. The WHT...

8. KG v OAU [2022] NZDT 225 (29 November 2022) [pdf, 95 KB]

   ...had pulled over to change its tyre. KG said the pothole caused extensive damage to not only his tyre, but also to the rim of the wheel. 2. KG telephoned the police at 1.00pm and E, the contractors who are engaged by OAU to repair the roads, performed a temporary repair by 2.15pm that day. 3. KG claimed to be compensated for the loss that his insurer has not covered, being half of the cost of a new tyre and his excess. 4. The issues to resolve the claim are: (a) Did OAU ow...

9. BT v US [2023] NZDT 112 (11 May 2023) [pdf, 111 KB]

   ...set out in section 10 of the Disputes Tribunal Act 1988 and does not provide for such a claim to be heard by it. Referee: L Thompson CI0301_CIV_DCDT_Order Page 3 of 4 Date: 11 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 rehe...

10. D Ltd v G Ltd [2023] NZDT 371 (27 April 2023) [pdf, 110 KB]

    ...rights, it appears that D Ltd would be able to estimate the lost measurements back to the point at which it first went wrong. However, in practice, this is not how this is usually calculated. In the hearing today, TB from D Ltd said there was an informal “365 days maximum” policy which D Ltd applies for the benefit of the customer; that only the last year would be estimated and recovered, unless there was evidence of deliberate fraud. In this instance that meant that only the final 12...