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1. [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...

2. [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...

3. 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...

4. [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...

5. Form 42 Civil Victims Order [pdf, 250 KB]

   Version 19 – September 2022 page 1 09/22 form 42 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...

6. 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...

7. 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...

8. 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...

9. Waitangi Tribunal - Wai 2200 A186 Scoping report [pdf, 3.3 MB]

   ...actions of Ngāti Toa and in particular the chief Te Rauparaha. The one exception is a work completed in 1910 by ethnologist and surveyor Stephenson Percy Smith.6 Despite the usefulness of this work, there is a wider body of source material, in the form of Native Land Court minutes, that has the potential to provide a more complete account of Ngātiawa heke into the Inquiry District. A preliminary analysis of this source material has been conducted for the purposes of this scoping rep...

10. Lee v Whangarei District Council & Ors [2013] NZWHT Auckland 5 [pdf, 154 KB]

    Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000017 [2013] NZWHT AUCKLAND 5 BETWEEN OLIVIA LEE Claimant AND WHANGAREI DISTRICT COUNCIL First Respondent AND K J FUNG Second Respondent AND ALTHERM ALUMINIUM NORTHLAND LIMITED Third Respondent AND NORTHLAND WATERPROOFING SOLUTIONS LIMITED Fourth Respondent AND DESIGN METAL ROOFING LIMITED Fifth Respondent DETERMINATION Dated 7 March 2013 Page | 2 CONTENTS