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1. S Ltd v TT [2024] NZDT 66 (11 January 2024) [pdf, 180 KB]

   ...receipt of the warranty for the insinkerator. S Ltd explained by email on 11 September that TT needed to register online to obtain the warranty and provided her with the information required to do this. 5. Although TT does not live alone, she requested that S Ltd come and read the serial number from the insinkerator for her. Times were offered by S Ltd on five days when they could do that for her. TT selected one but by the time she replied, S Ltd was all booked up for that time. TT...

2. MC v OJ Ltd [2020] NZDT 1490 (31 October 2020) [pdf, 109 KB]

   ...by weekly classes held in [Suburb]. However due to the announcement of lockdown, beginning with a move to Level 3 on 23 March, the classes could not be held as planned. OJ Ltd shifted some of the course content to an online delivery via Zoom and informed students that practical aspects of the course would be run when the alert level was reduced and in person contact allowed. MC was concerned that she would not be able to participate in the Zoom sessions as she was caring for her young chi...

3. Waitangi Tribunal - Poverty Bay [pdf, 4.2 MB]

   ...Townships Act 1895, S Woodley © Copyright Waitangi Tribunal 1997 iii FOREWORD The research report that follows is one of a series of historical surveys commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui programme. In its present form, it has the status of a working paper: first release. It is published now so that claimants and other interested parties can be aware of its contents and, should they so wish, comment on them and add further information and insights. The p...

4. [2022] NZEmpC 33 Capital and Coast District Health Board v Public Service Association, Te Pukenga Here Tikanga Mahi [pdf, 311 KB]

   ...[39] On 2 February 2022, the parties attended mediated bargaining, at which the PSA tabled a settlement proposal which included a number of “outstanding issues”. They have been described in the evidence of the parties in this way: (i) A request for a salary increase of $5,800 which matched that provided to nurses/midwives who had received $4,000 of that increase as a “pay equity adjustment”. (ii) A request for a lump sum payment of $7,600 of which $1,600 related to the...

5. TB v X Ltd [2022] NZDT 133 (25 August 2022) [pdf, 135 KB]

   ...parties? (b) Did X Ltd breach the terms of the contract? (c) Is X Ltd liable to pay TB all or any part of the amount claimed of $1,662.50? What were the terms of the contract between the parties? 4. The law of contract says that a contract is formed when there is offer, acceptance, consideration is paid, and the parties intend to be legally bound. The law of contract also provides that the rights and obligations of each party under the contract can be found in the terms of the contra...

6. BU v NPU [2023] NZDT 327 (30 June 2023) [pdf, 244 KB]

   ...hostile environment and was therefore no conducive to the participants learning, safety and enjoyment. 14. EX says before the briefing guests were smoking around the heritage buildings and were reminded this was not permitted (as mentioned in the information pack), which he says they knew because they were concealing the smoking. He says LN had to speak loudly at the safety briefing to gain their attention. Many of them were on their phones and no-one in the BU group assisted LN to ens...

7. Respond to a civil claim

   If someone starts a civil claim against you, you need to decide if you want to respond. This is called defending the claim. There are different types of claims. They usually have different fees, forms and time limits. Find out how you can defend a claim in the District Court Find out how you can defend a claim in the High Court Get legal help You can get a lawyer to help you when a civil claim is made against you. If you can’t afford a lawyer you may be able to get: legal aid free community l...

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8. Central Standards Committee 3 v Hunt [2023] NZLCDT 12 (28 April 2023) [pdf, 278 KB]

   ...Committee Ms A Cupples for the Practitioner 2 DECISION OF THE TRIBUNAL ON PENALTY The perils of acting for both parties [1] This case concerns the difficulties that can be faced by a lawyer in a smaller urban centre when requested to act for both parties in a transaction. [2] The principle that emerges from an examination of Mr Hunt’s conduct and past practices, is that, when faced with the possibility of acting for more than one party to a transaction,...

9. CN v NK [2023] NZDT 640 (17 November 2023) [pdf, 185 KB]

   ...arranged by the applicant. In one of these pre-purchase inspections, it was noted that the temperature dial on the dashboard was “broken.” The van’s heating/air conditioning system would only blow cold and not hot air. 3) The respondent informed the applicant that the van’s “stepper motor” would need to be replaced in order for the heating issue to be resolved. The respondent would arrange the replacement stepper motor but that would not arrive in time for the settlement o...

10. TQ v PU [2024] NZDT 266 (30 April 2024) [pdf, 194 KB]

    ...Findings 7. In his submissions TQ referred to the law relating to misrepresentation, and to the Fair Trading Act 1986. 8. TQ feels that he has been treated unfairly by PU, and he maintains that PU lied to him about the reasons for informing him that the venue was no longer available. 9. Respectfully, I do not agree that the law of misrepresentation or the Fair Trading Act 1986 are relevant to this claim. CI0301_CIV_DCDT_Order Page 2 of 4 10. TQ’s claim must be b