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  1. OS v E Ltd [2023] NZDT 89 (23 March 2023) [pdf, 182 KB]

    ...depended upon when they arrived in OS’ letterbox. h. There is no evidence of what else E Ltd ought to have done or could have done when OS contacted them on 19 December. There is nothing to suggest that another courier company could have perform better or faster. 13. For these reasons the claim is dismissed. Referee: LK Whineray Date: 23 March 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you b...

  2. Godinich v Guan Thye Heng Co Ltd [pdf, 97 KB]

    ...Room Deck – Waterproof Membrane 4.4.1 The drawings show that this deck was to be constructed with timber joists, spanning from a wall plate fixed to the external wall of the house to a double beam on timber posts. The deck surface was to be formed by 18 mm plywood with a waterproof membrane dressed up 150 mm on all sides. This is what the designer wanted, although waterproofing would not be a requirement of the Building Code. 4.4.2 The deck has been tiled with large reconst...

  3. Ngati Rangitihi Claims Settlement Bill [PDF, 902 KB]

    ...of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Acts Whether right to bring civil proceedings in s 27(3) at issue 8. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 9. This clause might be seen to raise an issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring civ...

  4. H Trustees Ltd v PT [2024] NZDT 512 (12 June 2024) [pdf, 249 KB]

    ...situation PT finds himself in, on balance it would be unjust to allow rehearing at this late stage. Therefore, I dismiss PT’s application. Referee: Boys C DTR Date: 12 June 2024 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...

  5. [2016] NZEmpC 135 Nathan v Broadspectrum [pdf, 180 KB]

    ...while attaching the rope to the span wire, Mr Smith experienced a sensation he later described as a tingle, indicating the span wire was carrying an electric current and he may have experienced an electric shock. [7] This incident formed the basis of a disciplinary investigation that led to Mr Nathan’s dismissal. On 26 June 2013, Mr Nathan was stood down pending an independent investigation. Throughout Broadspectrum’s investigation, and in Court, Mr Nathan mainta...

  6. [2020] NZEmpC 31 Zara's Turkish Ltd v Kocaturk [pdf, 357 KB]

    ...whether disclosure is to be ordered.10 In particular Privacy Principle 11(e)(iv) allows for disclosure of information where it is for proceedings before a court. However, he criticised the application as extremely broad, describing it as a blanket request for all files and communications over an extended period. [17] Are the documents sought relevant? The first three parts of the application (at [2](a)–(c) above) are about Mr Kocatürk. I begin this assessment by considering...

  7. HC & KP v QT [2023] NZDT 413 (10 July 2023) [pdf, 230 KB]

    ...APPLICANT KP RESPONDENT QT The Tribunal orders: A. QT is to pay $2,610.00 to HC and KP on or before 30 July 2023, regardless of whether any work has been completed. B. The Applicant’s builder [Builder] is to perform the work as set out in the company’s quotation and scope of work dated 30 April 2023, at a time to be decided which is convenient to the company. C. The Applicants are to ensure that [Builder] gives QT 24 hours notice in writing placed...

  8. [2018] NZEmpC 37 Edminstin v Sanford Ltd [pdf, 396 KB]

    ...applicant P Wicks QC and K Dunn, counsel for the defendant Judgment: 2 May 2018 JUDGMENT OF JUDGE K G SMITH - COSTS [1] On 6 June 2017, former Chief Judge Colgan delivered a judgment in proceedings by John Edminstin in which he claimed a compliance order against Sanford Limited. The case involved navigational records known as marks.1 Issues about ownership and use of the marks materialised from a dispute over interpreting a settlement agreement between Mr E...

  9. OIA-120191.pdf [pdf, 861 KB]

    Legal Services Commissioner Justice Centre I 19 Aitken Street I DX SX10125 I Wellington T 04 918 8800 I F 04 918 8820 lsc@justice.govt.nz 30 April 2025 Ref: OIA 120191 Tēnā koe Official Information Act request: Legal aid data Thank you for your email of 11 March 2025, requesting legal aid data on the preparation of PAL 1 cases, under the Official Information Act 1982 (the Act). Specifically, you requested: Please provide for each year, for the last five years, the...

  10. Slinger v Zhou [2015] NZIACDT 38 (15 April 2015) [pdf, 242 KB]

    ...it (clause 1.5(a)); and [8.1.4] She did not set out the fees and disbursements before commencing work that incurred costs (clause 8(b)). [8.2] That Ms Zhou breached clauses 1.1(a) and (b) of the 2010 Code; those provisions required Ms Zhou to perform her services and carryout the lawful informed instructions of clients with due care, diligence, respect and professionalism. The particulars of the alleged breaches of those obligations were: [8.2.1] In July 2011, the applicants engaged M...