Search Results

1. MVDT Application Form [pdf, 704 KB]

   MVDT APPLICATION FORM – 01/07/2025 Application form MOTOR VEHICLE DISPUTES TRIBUNAL | RŌPŪ TAKE TAUTOHENGA Ā-WAKA Clause 4, Schedule 1 of the Motor Vehicle Sales Act 2003 MVDT No: When to use this form This form is an application for proceedings before the Motor Vehicle Disputes Tribunal. The Motor Vehicle Disputes Tribunal is for people who have bought a vehicle from a registered trader or from a trader that meets the criteria for registration but isn’t. A trader is...

2. [2022] NZEmpC 227 Chen v WNY Group Ltd [pdf, 358 KB]

   ...Authority which found that he was not an employee of WNY Group Limited (WNY).1 He says that he was employed in a sales role in May 2019, that he worked for two weeks, but that he then could not do any more until he received documentation that he had requested but was never forthcoming. He received $3,206.08 (net of PAYE) per month, which was then immediately repaid to Mr Wu, a director of the 1 Chen v WNY Group Ltd [2021] NZERA 369 (Member Urlich). company, until Octo...

3. MO & SO v QC Ltd [2022] NZDT 157 (28 September 2022) [pdf, 142 KB]

   ...up slightly under the tanks. 8. Based on all the evidence provided by all parties, I find that there is no clear single cause of the pool’s collapse. The pool is 22 years old and TI’s insurance company, WJ Ltd, has provided evidence in the form of independent assessor reports that includes descriptions and photographs of the condition of the steel posts that support the pool lining, including rust at the base of some of the vertical steel posts. The report by CL, who also represen...

4. XK v Q Ltd & KT [2023] NZDT 720 (14 December 2023) [pdf, 196 KB]

   ...her intention to book [Band 2], because of the email communication with KT, that she had not made any enquiry about [Band 1] and she mistakenly assumed [Band 1] must be the name of a downsized [Band 3] band. She said her text to B from [Band 2] informing him she had just booked his band is further evidence of a mistake made. 9. KT from Q Ltd did not answer 3 calls I made to join him to the hearing. However, XK provided recent emails (October 2023) between her and KT where KT sets out...

5. BI v K Ltd [2023] NZDT 243 (17 March 2023) [pdf, 101 KB]

   ...essential term of the contract, the other party that has suffered is entitled to a remedy. The Building Act 2004 (BA) provides implied warranties about building work to be carried out under the contract. These warranties are implied and taken to form part of the contract and cannot be contracted out of (s 362I(1)–(2)). This includes the warranty that the building work must be carried out with reasonable care and skill (s 362I(1)(d)). This means that the building work done by K Ltd, incl...

6. [2021] NZACC 131 - Jones (10 August 2021) [pdf, 219 KB]

   ...JUDGE C J McGUIRE [Treatment Injury – Causation s 26 Accident Compensation Act 2001] ____________________________________________________________________ [1] This is an appeal against a decision of the respondent dated 11 July 2018 declining a claim for cover for a treatment injury. Background [2] In April 2018 a claim was lodged on behalf of the appellant by his general practitioner Dr Stoney, diagnosing the appellant as suffering from a neck sprain. [3] In the consu...

7. HC v X Ltd [2023] NZDT 391 (13 September 2023) [pdf, 207 KB]

   ...showers were incorrectly installed so they each had the same leaking issue. 2. HC claimed the vendor’s breached the contract by failing to obtain building consent for the work on the showers. He claimed to be reimbursed for the work he had performed in both bathrooms. 3. The issues to resolve the claim are; (a) Did X Ltd breach the vendor’s warranty that it caused works to be done without obtaining a building consent when one was required? (b) If so, was the loss that H...

8. [2020] NZEmpC 74 New Zealand Post Primary Teachers’ Association Inc v Secretary for Education [pdf, 237 KB]

   ...these differences between part-time and full-time teachers in the STCA gives rise to unlawful discrimination. In the proceeding the claim was that part-time teachers in secondary schools are paid less than full-time teachers even though they perform essentially the same work. The plaintiffs’ third amended statement of claim alleged that the STCA was therefore discriminatory and breached the Equal Pay Act 1972 (EPA), the Government Service Equal Pay Act 1960 (GSEPA) and/or the...

9. Form 44 Application for contempt of enforcement proceedings [pdf, 496 KB]

   When should I use this form? This form lets you apply for a court order against the judgment debtor where they have the means to pay the judgment debt but are refusing to do so. Use this form if all the following apply: • you are the judgment creditor • the money owed in a judgment or court order has not been paid • you can show that the judgment debtor has the means to pay the debt but is refusing to do so. For example, a financial statement or financial assessment has been complet...

10. Form-42a_Civil_Victims-Order-v2.pdf [pdf, 244 KB]

    Version 21 – October 2023 page 1 10/23 form 42a Tax Invoice Civil Legal Aid Fixed Fees Victims' Orders against Violent Offenders (Applicant & Respondent) Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from...