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1. KL v LT [2023] NZDT 244 (26 June 2023) [pdf, 196 KB]

   ...contract. For a contract to come into existence the elements of a simple contract must exist. The relevant elements are offer, acceptance, consideration (an exchange of values), and an intention to create a legal relationship. 5. A contract can be formed in writing or verbally. It is always easier to make a finding about what parties have agreed when they have put their agreement in writing. 6. KL says that in the period from 2016 to 2022 he advanced money to LT as an interest fr...

2. [2020] NZEmpC 51 O’Boyle v McCue [pdf, 298 KB]

   ...McCue v O’Boyle Law Ltd [2019] NZERA 648 (Member Arthur). shareholder and director. However Ms O’Boyle conceded this point during the Authority investigation. She accepted she employed Ms McCue in her personal capacity in 2014. No formalities were agreed and completed to transfer the employment relationship to the company after it was registered in 2016. Ms O’Boyle remained personally liable for obligations arising from her employment relationship with Ms McCue.

3. Kapiarumala v New Zealand Catholic Bishops Conference (Strike-Out Application) [2018 NZHRRT 18 [pdf, 206 KB]

   ...proceedings were recently discontinued by notice of discontinuance dated 26 February 2018. The present proceedings before the Tribunal have not been discontinued though it will be seen the plaintiff has not by notice of opposition or by evidence in reply formally resisted the various strike out applications filed by the defendants. The Tribunal has received only submissions by Mr Tuck. The plaintiff’s representation [6] The plaintiff has been represented by Ms Lisa Abrams, solicito...

4. TR v Accident Compensation Corporation (Cover Issues) [2023] NZACC 027 [pdf, 278 KB]

   ...Issues;-Causation; Gradual Process; Personal Injury; s 20(2); s 25; s 26; s 30) ___________________________________________________________________________ [1] At issue on this appeal is a decision by the Corporation dated 5 June 2019 declining a claim for tuberculosis. Background [2] The appellant lodged a claim form with the respondent on 27 September 2018. The description of the injury was as follows: Positive QuanteFERON Gold 22 September 2018. Exposure at work resulting in...

5. Waitangi Tribunal - issue 66 of Te Manutukutuku [pdf, 7.1 MB]

   ...mārama From the world of darkness moving into the world of light| Kei Roto | Inside The National Park Report 1 From the Chairperson 2 From the Acting Director 2 Recent Progress in Tribunal Inquiries 3 The Mangatū Remedies Report 6 Unregistered Claims 8 M ore than 200 attendees from Ngāti Tūwhare toa, Ngāti Rangi, and Whanga nui iwi celebrated as the Wai tangi Tribunal handed over Te Kāhui Maunga : The National Park District Inquiry Report at an emotionally charged ceremony...

6. Tautuku Block XIII Section 14 Trust v Cairns (2012) 16 Te Waipounamu MB 63 (16 TWP 63) [pdf, 178 KB]

   ...current trustees are Geroge Tikao, Graham Gremell, Natalie Hoani, Peter Roben and Richard Manning. 1 CFR OT 168/252; CFR OT168/251; and CFR OT168/249. 16 Te Waipounamu MB 65 [8] The blocks were formerly administered collectively by the Tautuku Waikawa Lands Trust. Applicants’ submissions [9] An application was lodged by the three Tautuku block ahu whenua trusts seeking orders for rental arrears, re-entry to and vacant po...

7. DA v WZ & WZW Ltd [2015] 761 (22 March 2015) [pdf, 83 KB]

   ...progress invoice but then in August 2013 received a further invoice with a $0 balance stating the job was 'parked'. It was at this point that she got more involved, attempting to source parts and when no further progress was made, she requested that her bike be returned. [4] WZ declined to return it assembled (it was in pieces) and DA lodged this Disputes Tribunal claim in August 2014. [5] The bike was returned to her, partially assembled in October/November 2014 (she...

8. BJ Ltd v YQ Ltd YQY [2013] NZDT 416 (11 November 2013) [pdf, 69 KB]

   ...customers at a lower rate than the applicant was paying. [8] The respondent says that the service standard remained high after AA was replaced and referred to emails that showed that the new account manager replied to the applicant’s requests within hours. They also say that the mobile phone prices are not reflective of the overall market leading rates that they provided the applicant as they say that this was a combination of a package of services they provided the...

9. [2019] NZEmpC 178 Johnston v The Fletcher Construction Co Ltd [pdf, 340 KB]

   ...implementing an enterprise resource planning system known as the JD Edwards (JDE) software system. [8] The company’s decision to proceed with the proposal was communicated to Mr Johnston in a letter on 24 June 2016. At the same time he was informed that his job as Financial Controller was to continue until the JDE implementation affected his business unit at which point a “transition into the new structure” would occur. [9] Three days later, on 27 June 2016, Mr Johnston...

10. Gwak and Kim TRI-2020-100-006 [2024] NZWHT AUCKLAND 01 [pdf, 237 KB]

    ...house. [7] The relevant Act applying to this case is the Building Act 1991. All steps occurred before the passing of the new Building Act 2004. Compass Building Certification Limited [8] Compass was a corporate certifier, authorised to perform regulatory functions under s 51 of the Building Act 1991. It was audited by the BIA.1 It had quality manuals. It achieved annual renewals of its licence. 1 BIA was the Building Industry Authority responsible for, inter alia, re...