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1. FH v GJ LCRO 87/2014 (7 Aug 2015) [pdf, 77 KB]

   ...[15] In addition to filing proceedings against Mr GJ and HK after the complaint was made, Ms FH also laid a complaint with the Police. The police complaint acknowledgement records the complaint as being that of “Theft (over $1,000).” Ms FH requested the Committee to defer consideration of Mr GJ’s complaint about her until these had been disposed of. The Committee nevertheless continued with its consideration of the complaint and its determination. [16] The disciplinary proc...

2. Te Manutukutuku 77 [pdf, 7.6 MB]

   ...plant variety rights regime, one of four issues heard in stage 2. The report was prioritised to provide the Crown with the Tribunal’s findings ahead of its introduction of legislation on this matter. In July, the claimants and Crown jointly requested Tribunal-led media- tion, an alternative pathway for the resolution of claims available under schedule  2 to the Treaty of Waitangi Act 1975. Led by Judge Damian Stone and Prue Kapua, in October 2020 the mediation succeeded in settli...

3. [2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd [pdf, 309 KB]

   ...before and after August 2020, he regarded himself as bound by the obligation to make himself available for such overtime. [19] He said he was a member of a relatively small service department. In reality there was no option to decline overtime if requested. To do so would have placed a lot of stress on co-workers. He considered there was “an absolute expectation” that he would undertake this work. [20] Overtime was common on Mondays to Fridays. It was also common on Sat...

4. AS Ltd v ZH Ltd [2014] NZDT 659 (26 September 2014) [pdf, 20 KB]

   ...TRIBUNAL [2014] NZDT 659 BETWEEN AS LIMITED APPLICANT AND ZH LIMITED RESPONDENT Date of Order: 26 September 2014 Referee: Referee Perfect ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed, the contract dated 18 March 2014 stands and the contract dated 30 April 2014 is cancelled as of the date of this order. Facts [1] On 18 March 2014 the manager of AS Limited’s Z store signed a written agreement wit...

5. CC v LL [2021] NZDT 1693 (28 May 2021) [pdf, 87 KB]

   ...puppy due to a change in his personal circumstances. He requested a refund of his deposit. LL responded, “I’ve got a person interested but he has yet to put the deposit in once he does I’ll refund your deposit.” However, LL subsequently informed CC that a few buyers had backed out, so he would not be refunding the deposit. 3. CC now claims a refund of $500.00 together with his $45.00 filing fee. The issue to be determined is whether LL is obliged to refund the deposit. Is LL ob...

6. Form-44-Application-for-contempt-enforcement-proceedings-FINAL-9-December-2024.pdf [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...

7. Baker v Ngāti Tūwharetoa Hapū Forum - Te Matai No 1 and Te Matai No 2 [2015] Chief Judge's MB 900 (2015 CJ 900) [pdf, 248 KB]

   ...Tūtemohuta descent but, according to the applicants, the Te Matai owners’ claim is not representative of the Tūtemohuta hapū claim. [35] It was stated that the Trustees have started the formal process of withdrawing from the NTHF and have requested that NTHF does not proceed with Treaty negotiations on their behalf. It was submitted that there exist precedents where the Crown has allowed sub- tribes within Tūwharetoa to negotiate independent settlements, for example Ngāti...

8. [2019] NZEnvC 148 Guthrie v Queenstown Lakes District Council [pdf, 2 MB]

   ...Trustees Limited & others, ENV-2019-CHC-45 (the 'Banco appeal') seeking a minimum lot size of 4,000m2 for subdivision in the WBLP, and controlled activity status for construction of buildings within approved/registered building platforms within the WBLP. 3 [2] The applicants for waiver ('waiver applicants'/'applicants') seeking to join both appeals (collectively 'PDP appeals') as 274 parties are as set out in [A]. [3] Banco Trustees Li...

9. IH v DD Ltd [2021] NZDT 1624 (12 July 2021) [pdf, 187 KB]

   ...Council letter noted that the downstairs area could not be rented separately. It also seemed to presume that the work had been done in the 1950s when consent was not needed. I am satisfied on the basis of evidence IH produced from the Council and a former owner that the work was in fact done sometime after 1997. 9. When DD Ltd re-advertised the property on Trade Me in November 2020, in order to get a back-up contract due to IH’s difficulties obtaining finance, it stated “The downstair...

10. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

    ...If not, are SG and LN entitled to compensation of $15,000.00 as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 5 What was agreed about the design of the Headstone? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking a...