Search Results

1. [2015] NZEmpC 112 Vince Roberts Electrical v Carroll [pdf, 202 KB]

   ...[2014] NZEmpC 21. proceedings were before the Authority, the wage and time records required to be held by the employer were not available. It appears that they had not been kept. The times when Mr Carroll attended work were recorded in the form of handwritten notes and rosters. These were produced. They dated from commencement of employment in 2002. Once the matter came before the Court the rosters prior to 2006 were no longer available. They had apparently been returne...

2. 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...

3. 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

4. XH v T Ltd [2024] NZDT 746 (2 November 2024) [pdf, 188 KB]

   ...delays for XH and his party. 2. When a van was received by XH, the party set off for the [Region 2]. During the journey, XH was stopped by Police. XH was told that there had been complaints received by T Ltd about XH’s driving. There were no formal complaints or charges but the Police retrieved the van from XH at the instruction of T Ltd which left XH and his party of passengers stranded in [Town]. 3. XH claims $1,960.00 for breach of contract. XH further claims there was a br...

5. Waitangi Tribunal - issue 54 of Te Manutukutuku [pdf, 353 KB]

   ...librarian at TVNZ, working for three years as a news video researcher. Rachel has a Bachelor in Fine Arts degree in film from Canterbury and a Masters degree in library and information systems from Victoria. Her job is to respond to information requests and to maintain and develop the Waitangi Tribunal library facilities. Rachel says she is enjoying working alongside the team at the Waitangi Tribunal. T e M a n u t u k u t u k u 7 Rache l Ker r “It is pleasing to welcome someone...

6. O Ltd v DI [2022] NZDT 67 (29 March 2022) [pdf, 166 KB]

   ...6. DI did not seek further assistance from O Ltd and about a week after the initial contact, O Ltd sent her an invoice for $948.75. O Ltd.’s claim is for the amount of that invoice. 7. The issues to be determined are: • Was a contract formed between the parties? • If so, were services provided with reasonable care and skill by O Ltd? • Is part or all of the invoiced amount payable by DI? Was a contract formed between the parties? 8. I find that no contract was fo...

7. Hawke v ACC [2013] NZACA 5 [pdf, 86 KB]

   ...the Accident Compensation Act 1982 for the Authority to grant the application as a separate appeal process and, in line with the procedure under the High Court Rules, leave should not be granted until the findings of fact necessary to give an informed answer on jurisdiction are determined in the substantive appeal decision. [8] Alternatively, when the facts of the case are considered under ss 363 and 365 of the transitional provisions of the 2001 Act, as an application for back d...

8. 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...

9. 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...

10. DK v VP Ltd & VPV [2016] NZDT 944 (6 April 2016) [pdf, 86 KB]

    ...terms and conditions recognise this at clause 10. [11] DK is a consumer as above and there is no evidence to suggest he was ‘in trade’ at the time he engaged VP Limited to park his car. Even if he was, I note there is nothing on the booking form provided by VP Limited that records that he is ‘acquiring the service in trade’. Any contracting out agreement where both parties are ‘in trade’ is required to be in writing and no such agreement has been formed in this case....