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1. KN & PN v V Inc [2023] NZDT 354 (11 August 2023) [pdf, 93 KB]

   ...but international carriage by air is governed in New Zealand by the Montreal Convention, which has been incorporated into New Zealand law by s 91C of the Civil Aviation Act 1990. The courts have held that the Convention regime is intended to be a uniform international code, and to be exclusive of any resort to the rules of domestic law. 7. Article 19 of the Convention states, “The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.�...

2. XD v G Ltd [2023] NZDT 432 (23 August 2023) [pdf, 94 KB]

   ...recall there are customer satisfaction programs in which they have been replaced free of charge for customers. 8. ND acknowledged that there had been issues with tip corrosion when the engines were not run long enough to heat up, so condensation formed. He said that there was a program for replacing them in [Continent], but not in New Zealand. Even if there were such a program, it is not proven that XD’s would be entitled to have his vehicle fixed under it. There is no contract betwe...

3. KX v M Ltd [2024] NZDT 803 (17 September 2024) [pdf, 93 KB]

   ...which has been appropriately calculated as the reduction in value from the original purchase price of the fridge based on its remaining expected life at the time of its failure, plus the reasonably foreseeable loss resulting from that failure in the form of a technician’s fee to assess the problem. Referee: J Perfect Date: 17 September 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something...

4. Taueki v The Trustees of Horowhenua 11 (Lake) Trust (2011) 274 Aotea MB 191 (274 AOT 191) [pdf, 107 KB]

   ...supporting her position. [14] In addition, Ms Taueki argues that her action in engaging counsel was not to delay the proceedings, on the contrary. She says that additional time for her lawyer who had just taken the case on was required but claims that the judge hearing the application denied the request. However, Ms Taueki says that when Horizon filed briefs one or two days before the hearing an extension was granted. Finally Ms Taueki says that she could think of nothing that s...

5. NE v QB Ltd [2022] NZDT 135 (6 September 2022) [pdf, 234 KB]

   ...to buy the [N Vehicle]. The [N Vehicle] is a left hand drive car, and so its owner needed a left hand drive permit (LHDP) from NZTA in order to be able to register it in their name. NE says he CI0301_CIV_DCDT_Order Page 2 of 6 filled out the forms to apply for a LHDP. NE has not been able to provide copies of these documents to the Tribunal and QB Ltd dispute that they exist. 8. NE says that he and E agreed that the finance documents for the [N Vehicle] would be in E’s name.

6. EU v O Ltd [2023] NZDT 308 (8 August 2023) [pdf, 131 KB]

   ...Tribunal orders: O Ltd is to pay EU the total sum of $1680.00 on or before Tuesday 29 August 2023. Reasons: 1. By written contract dated 22 August 2019, EU was engaged by O Ltd as head coach. She was required to obtain a work visa to perform her duties under the contract. The contract was a contract for services and the contract term was for a period of two years but was able to be terminated by either party providing a minimum of six weeks’ notice of termination within the...

7. [2011] NZEmpC 21 Maddern v Worldxchange Communications Ltd [pdf, 154 KB]

   ...Verbal Warning 26 September 2008: Second Verbal Warning 13 November 2008: First Written Warning 13 Jan 2009: Second Written Warning 4 February 2009: Third Written Warning [5] The Authority concluded that Mr Maddern had been given informal and formal counselling in ways to improve his performance and that he had received appropriate advice and feedback. It concluded that WorldxChange had acted as a fair and reasonable employer would have done in the same circumstances a...

8. [2018] NZEmpC 34 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 300 KB]

   ...APPLICATION BY THE PLAINTIFF SEEKING REMOVAL OF RESTRICTIONS IN RESPECT OF DISCOVERED DOCUMENTS AND INSPECTION OF DOCUMENTS 4) AN APPLICATION BY THE PLAINTIFF SEEKING PROVISION OF MEMORY-STICK FROM NON-PARTIES AND REMOVAL OF RESTRICTIONS ON USE OF INFORMATION 5) AN APPLICATION BY DEFENDANT FOR ORDER GRANTING SECURITY FOR COSTS Introduction [1] This judgment deals with a series of further interlocutory applications filed by the parties in these proceedings. The fac...

9. [2010] NZEmpC 152 Smith v Life To The Max Horowhenua Trust [pdf, 52 KB]

   ...person without a referral, and where previously Ms Smith’s attention had been drawn to the requirements to work within the policies and procedures working with clients. (5) Insubordination by not providing performance appraisal information as requested. This referred to the repeated requests to meet and return a performance appraisal form. [16] A week later, on 2 April 2009, Ms Smith made her accusations of abuse and bullying in general terms. [17] A disciplinary meeting took...

10. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

    ...with him “on a number of occasions”. 1 KL v [JJ] Holdings Ltd [2015] NZHC [xxxx]. 2 KL v [JJ] Holdings Ltd [2015] NZHC [xxxx] 3 KL v [JJ] Holdings Ltd, above n 1, at [28]. 3 [13] She requested “appropriate orders” against Mr CD and a review of the legal fees he charged her. (1) Instructions to present a counteroffer [14] Ms AB claimed that, having received the vendors’ 6 October 2015 offer to sell the property t...