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1. Waters v Alpine Energy Ltd (Discovery) [2014] NZHRRT 8 [pdf, 97 KB]

   ...of the Human Rights Act 1993 (HR Act), he was discriminated against by reason of his age. [2] Following a teleconference convened by the Chairperson on 12 August 2013 the parties were required, as a preliminary step in the proceedings, to give informal discovery of the documents in their possession or control and on which they intended to 2 rely or which adversely affected their own case, or which adversely affected the opposing party’s case or which supported the opposing party...

2. [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...

3. MVDT Consent to Extend Jurisdiction form [pdf, 137 KB]

   Motor Vehicle Disputes Tribunal | Rōpū Take Tautohenga ā-Waka Level 1 | Chorus House| 41 Federal Street | Auckland 1010 DX EX 11086 | Auckland City T: 914 4299| F: 914 5263 MVDT@justice.govt.nz | www.justice.govt.nz CONSENT TO EXTEND JURISDICTION Pursuant to section 90(1)(b) of the Motor Vehicle Sales Act 2003, the Motor Vehicle Disputes Tribunal has jurisdiction only if the total sum claimed does not exceed $100,000.00. Despite that restriction, the parties to this clai

4. EMPC - Pro bono assistance service application [pdf, 296 KB]

   Employment Court Pro Bono Assistance Service Application Form Information for applicants – please read before completing this form This form is for people who are representing themselves, or are represented by others who are non-lawyers, in employment proceedings before the Auckland Employment Court. The Employment Court Pro Bono Assistance Service (the Service) provides free assistance with preparation and filing of the initial Court documents (either a Statement of...

5. 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...

6. 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...

7. [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.

8. DE v X Ltd [2025] NZDT 129 (11 February 2025) [pdf, 187 KB]

   ...a refund of $190; (d) Whether DE is entitled to an award for the filing fee and time. Was the term of the contract as to the price for shipping varied by agreement? 5. Parties to a contract are bound by express terms. Terms of a contract are formed before or at the time the contract is formed. Contract terms may be varied during the contract by agreement of both parties. It was a term of the contract that the shipping cost would be $199. 6. I find that the shipping cost was not...

9. BC v BJ Ltd [2021] NZDT 1695 (12 December 2021) [pdf, 93 KB]

   ...Ltd breach the contract by treating each loss as separate event requiring an excess deduction before making a payment ? 6. NX’ position is that damage to each of the items was a separate event, which required an individual excess deduction. In forming this opinion, she pointed to the time frame the dogs were left alone, and a 4 July 2019 decision by the Insurance and Financial Services Ombudsman (the IFSO). In that case a dog had vomited and had diarrhoea damaging the carpet in the...

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...