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1. BORA Ngāti Haua Claims Settlement Bill [pdf, 284 KB]

   ...consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights which are comparable to sections 20 and 27 (2) of the Bill of Rights Act.[2] Exclusion of Remedy of Compensation - clause 25(3) 8. Clause 25(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with the taonga tuturu protocol issued under Part 2 of the Bill. 9. We have considered whether these clauses limit the right to bring civil proceedings a...

2. Savage v Accident Compensation Corporation (Lump Sum Compensation) [2022] NZACC 227 [pdf, 175 KB]

   ...relevant decision had been revoked. There is no record of Mr Savage applying to review the 14 November 1998 decision. [6] In 2014, an application for a further lump sum payment was made under the 1982 Act. [7] On 3 February 2014, Mr Savage requested further lump sum compensation under sections 78 and 79 of the 1982 Act. This was on the basis that he had received new medical evidence that the 1988 lump sum payment was wholly inadequate. [8] The new medical evidence that Mr Sava...

3. NN v OD v Z Ltd [2024] NZDT 797 (27 November 2024) [pdf, 274 KB]

   ...Ltd The Tribunal orders: Z Ltd is to pay to NN and OD jointly the sum of $5,232.36 on or before 18 December 2024. Reasons: 1. In January 2024, NN and OD (“the applicants”) booked a rental car using [an online booking platform]. The car was booked with Z Ltd. 2. The applicants picked up the car on 15 January 2024 in [Location 1] from Z Ltd and completed the rental agreement. 3. On 16 January 2024, the applicants had left the car parked in the [Location...

4. [2018] NZEmpC 121 Solid Roofing Ltd v Newman [pdf, 223 KB]

   ...Newman v Solid Roofing Ltd [2018] NZERA Auckland 214. determination dated 15 August 2018, the plaintiff was ordered to pay costs to the defendant in the sum of $5,000.2 [2] In addition to commencing the challenge by filing a statement of claim, the plaintiff has also filed an application for stay of proceedings. In effect, this is an application for an order staying enforcement of the monetary awards, although the application does not include the subsequent determination...

5. GA v R Ltd [2024] NZDT 103 (21 February 2024) [pdf, 179 KB]

   ...contact at [bank] but was advised that the bank did not want to speak directly to HY. HY offered to take photographs of the moisture meter readings for an additional fee of $200 plus GST. 4. GA decided to engage another inspector to provide the information his bank required. 5. GA now claims a refund $736.00, being 80% of the price paid on the basis that R Ltd’s report was not sufficient to satisfy the bank. Issues 6. The issues for the Tribunal to determine are: (a) Wheth...

6. TC v CC [2024] NZDT 470 (13 June 2024) [pdf, 139 KB]

   ...apparent that there had been a leak for some time, which was not covered by insurance. 12. I find that the black mould discovered in 2022 was completely cleaned up before the stairwell was regibbed and re wall papered. A record of drying conditions form was provided which the repairer had completed when undertaking the drying process. There is also evidence that an anti-microbial treatment was twice applied as a make safe. 13. I reject any suggestion that the stairwell was regib...

7. [2011] NZEmpC 48 Clear v Waikato DHB [pdf, 201 KB]

   ...(2009) 7 NZELR 1. 4 Waikato District Health Board v Clear [2010] NZCA 305. conditions. The Employment Court also found that Ms Clear‟s dismissal was unjustifiable. [5] During the three-year period between 2000 and 2003, Ms Clear made four formal written complaints to her employer about Ms Parata‟s conduct. The Court of Appeal described the first three complaints in these terms: [9] The first complaint [October 2000] focused on the stress Ms Clear said had been caused...

8. MM v NF Ltd [2022] NZDT 60 (31 May 2022) [pdf, 107 KB]

   ...a. I prefer the NF Ltd’s position that it is an inside facility with no outside capacity and so was prohibited from having more than 100 people; b. I do not accept that the contract was frustrated by an unexpected event which rendered the performance of the contract impossible or only possible in a very different way from what the parties contemplated, because the contract specifically anticipated and prescribed what would happen in the event of a Government Lockdown – namely that t...

9. SB Ltd v D Ltd [2021] NZDT 1686 (8 December 2021) [pdf, 113 KB]

   ...Ltd in smaller amounts on receipt of a purchase order until a new blanket order was required. In the past D Ltd’s account manager had contacted SB Ltd to let them know when a new blanket order was required. 3. In November 2019 a blanket order form had been signed by SB Ltd for around 5 pallets, which, based on usual usage, was expected to last until around December 2020 – in fact it lasted until March 2021 when the last of the jars was supplied to SB Ltd. At that time, D Ltd did n...

10. [2011] NZEmpC 129 Patel v Pegasus Stations Ltd [pdf, 95 KB]

    ...dismissal. In brief, the two matters were: a) Forged signature On 8 June 2010, Mr Patel complained in a letter to Mobil management that on 8 April 2010 a co-worker (Aman) had forged his signature on a company document (a wages change advice form) without his permission. b) Health and safety issue On 1 June 2010, Mr Patel complained that on 29 May 2010 his manager (Riaz Ali) failed to give him permission to see a doctor or go home when he was feeling unwell at work. [6...