Search Results

1. [2010] NZEmpC 16 Aotearoa Coolstores Ltd V Waara [pdf, 18 KB]

   ...investigation meeting, he did not provide any written statements or submissions or documentary evidence at or before the investigation. These events were recorded in the Authority’s determination that ACL seeks to challenge. [5] I therefore requested a report from the Authority, under s 181(2) of the Employment Relations Act 2000 (“the Act”). That request required the Authority, under s 181(1)(a)-(b), to submit to the Court a written report giving the Authority’s assessmen...

2. [2025] NZEmpC 112  A Labour Inspector v Dao (No6) [pdf, 206 KB]

   ...legal fees. (d) The respondents may require the release of further funds and/or payments to be made from currently frozen bank accounts. Accordingly, the Labour Inspector will provide advice on the process to be followed for making such requests and will then facilitate appropriate requests promptly. [27] A review hearing will be held, if necessary, at 10 am on Wednesday 9 July 2025. The following timetable applies for that hearing: (a) The applicant is to file a memor...

3. BE v YV [2014] NZDT 558 (22 May 2014) [pdf, 65 KB]

   ...trusting YV as a friend. [6] However, I am not persuaded on the evidence that the loans were made to YV or that YV was personally liable under the loan agreement. The moneys were paid directly into ABC’s bank account and to ABC’s suppliers. In requesting that the loans be made, YV appears to have been acting on behalf of ABC in his role as director. [7] I accept that BE was at least in part motivated by his friendship with YV when he made the loans. As an employee of ABC, BE ma...

4. Guidelines for Settlement Conferences [pdf, 216 KB]

   ...a proposed settlement offer. Preparing for a settlement conference It is useful to prepare a short position paper which sets out the issues in dispute and how you think the issues can be resolved. An example is available from the case manager on request. Any evidence you want to rely on in the settlement conference should be shared with the other party(s) well before the conference. Being transparent is an important part of negotiating. If you are seeking a cash settlement it is importa...

5. LCRO 161-2016 XS v VS [pdf, 152 KB]

   ...Standards Committee determination (27 June 2016) at [7]. 2 At [9]–[11]. 3 … The Committee noted Mr XS’ obligation pursuant to rule 9.6 of the RCC to render a final account and the need for Mr XS to provide with the account sufficient information to identify the matter, the period to which it relates and the work undertaken. In the Committee’s view Mr XS had failed to charge a fee that was fair and reasonable for the services provided and breached rule 9.6 of the RCCC. The...

6. CG & XG v QC & KC [2025] NZDT 109 (4 March 2025) [pdf, 220 KB]

   ...transaction for the sale and purchase of real estate the principle of “buyer beware” will apply. However, the law and the contract itself may impose obligations which offset this presumption. 11. In this case the parties entered into a standard form contract for the sale and purchase of real estate. They used the 6thth edition of the ADLS/REINZ contract. The sale and purchase agreement does not contain a general warranty as to the condition of the property, any warranties as to t...

7. Buck [2010] NZWHT Auckland 34 [pdf, 89 KB]

   1 [2010] NZWHT AUCKLAND 34 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of a reconsideration of the Chief Executive’s decision under section 49 CLAIM NO. 6324: VICKI SUSAN BUCK AND LINDSAY WILLIAM LLOYD – 14 JANE DEANS CLOSE, RICCARTON, CHRISTCHURCH ELIGIBILITY DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL The Claim [1] Vicki Buck and Lindsay Lloyd are the owners of a house at 14 Jane D...

8. DS v NS [2018] NZDT 1454 (7 May 2018) [pdf, 130 KB]

   ...by the dog. 11. In this case, DS was obliged to spend $779.10 on a vet’s care for her dog, including anaesthetic. This is therefore the amount payable by NS. Referee: M Wilson Date: 7 May 2018 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. If you wish to apply for a rehearing, you...

9. BS v TT [2019] NZDT 1485 (5 December 2019) [pdf, 171 KB]

   ...situation, the person who was ultimately liable must reimburse the person who was compelled to pay. 6. BS said that [Telecommunications provider] has been compelling her to make payments on her account for the phone, although she did not bring information to the hearing that would enable me to determine how much has been paid to date and how much is still owing. However, TT has received the benefit of the phone itself together with the insurance, and I find that it would be unconscionabl...

10. BI v SQ Incorporated [2020] NZDT 1366 (26 November 2020) [pdf, 210 KB]

    ...rust repair was needed, it is likely that that cost would have been higher than the $350.00 charged, so the betterment to BI was significant. Referee: J Perfect Date: 26 November 2020 CI0301_CIV_DCDT_Order 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 r...