Search Results

1. [2021] NZEmpC 19 Restaurant Brands Ltd v Unite Inc [pdf, 222 KB]

   ...at various locations across New Zealand. [2] Unite says that Restaurant Brands’ current statement of claim does not comply with reg 11(1)(d) of the Employment Court Regulations 2000 (the Regulations). It is Restaurant Brands’ claims for special damages that are in issue before the Court. [3] Unite applies for an order that the claims for money relief in the proceedings be struck out (other than costs), or, alternatively, an order that a compliant statement of cla...

2. FAQs

   On this page you'll find answers to some commonly asked questions. More information can be found within the website and in the Homeowners' Guide to the Tribunal. Who can apply to the Tribunal? Why won’t the Tribunal look at Kaikōura claims? Does the Tribunal consider claims involving on-sold properties? Does the Tribunal consider claims involving builders or other parties? What about claims that are with the courts? Where is the Tribunal located? When can claims be filed

   Located in:

   1. Tribunals >
   2. Canterbury Earthquakes Insurance Tribunal

3. [2014] NZEmpC 53 NZ Meatworkers Union v Alliance Group Ltd [pdf, 184 KB]

   ...not pursue the claims vigorously after 2006 because they only affected a minority of the Union’s members and because similar issues were then before the courts. [18] Although the substance of the annual holidays provisions did not change, the form of them was tidied up by the removal in the 2008/2009 agreement of the first paragraph of cl 9(g)(ii). Thus, the provision which must be construed and applied in this case is: (g) The provisions of the Holidays Act 2003 and any Act pa...

4. Potae v ACC [2014] NZACA 5 [pdf, 65 KB]

   ...the terms as detailed in paragraph 1 above. 5. If the Authority has in mind making a referral back on terms additional to that proposed here, then counsel would first require to be heard. [7] The appeal decision is therefore intended to form the basis for the investigation of Hiria’s claim under s 2(a)(i) and records the relevant background facts and medical information that have a bearing on the consideration of the claim in light of Mitchell, and the directions that wil...

5. Newel [2013] NZWHT Auckland 19 [pdf, 79 KB]

   ...“built”. [7] Lang J also considered the effect of s 43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An owner shall as soon as practicable advise the territorial authority, in the prescribed form, that the building work has been completed to the extent required by the building consent issued in respect of that building work. [8] He concluded that if this reasoning is applied to the consideration of the built- by...

6. UM v PH Ltd [2021] NZDT 1682 (14 December 2021) [pdf, 173 KB]

   ...because they were not of acceptable quality or were unfit for their purpose. The necessary proof is simply lacking, and UM’s claim must therefore be dismissed. Referee: C Hawes Date: 14 December 2021 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

7. KM & LM v BN [2023] NZDT 181 (12 July 2023) [pdf, 122 KB]

   ...more; and b. BN is not entitled to a refund of the amount that she has paid. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: Nicholas Blake Date: 12 July 2023 (date of issuance of amended Order) Page 5 of 5 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

8. DC v T Ltd [2023] NZDT 642 (13 November 2023) [pdf, 104 KB]

   ...CJ LTD tested the battery and provided data to T Ltd. T Ltd does not have (and has never had) physical possession of the battery. b. The data is inconclusive in terms of the reason for the failure. The results show no sign of reduction in performance over time, which is the common symptom of cell balance. This aligns with DC’s evidence that he did not experience any loss of performance before the sudden failure of the battery. c. A cell failure could have a range of causes incl...

9. TM v B Ltd [2024] NZDT 142 (11 April 2024) [pdf, 104 KB]

   ...problem, they began asking agents to provide customers with questions and specifically to ask them if the property is “stacked” or not. 15. SH said insurance companies do not look up house sales online to check the property and rely on the information provided them. He said that the problem became apparent when W realised it needed to ask the question to get that information. 16. Because the only evidence provided to prove TM’s claim is basically his opinion, and because SH p...

10. H Ltd v TU, DU and GU as trustees for the U Family Trust [2024] NZDT 185 (4 March 2024) [pdf, 92 KB]

    ...caused by the failure of the Trust to keep its roof clean. For this reason, it is not necessary to consider the other two issues and the claim is dismissed. Referee: Sara Grayson Date: 4 March 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...