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1. EW v Q Ltd [2024] NZDT 887 (19 December 2024) [pdf, 100 KB]

   ...operating. I do not see anything unreasonable in that. 22. For these reasons, EW is entitled to receive a full refund of the purchase price of $299.00. Referee: Souness - DTR Date: 19 December 2024 Page 4 of 4 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...

2. IC & SC v DQ [2025] NZDT 96 (24 March 2025) [pdf, 105 KB]

   ...apportioned between the parties for a new fence? Is there an adequate boundary fence? 8. There is currently no fence on the boundary. 9. The Applicants have supplied an email from their property agent who contacted the previous owner. She informed that there may have been some wire in amongst the trees at the boundary line, but it was never obvious as a fence. The tree line was always treated as the boundary from their perspective. 10. I am satisfied that there is no adequat...

3. MN & KL v B Ltd [2025] NZDT 73 (20 March 2025) [pdf, 118 KB]

   ...to be compensated for the cost of a new starter motor and for some post driving costs they incurred while their tractor was being fixed. 4. The issues to be determined to resolve the claim are: (a) What was B Ltd engaged to do and did it perform its service with reasonable care and skill? (b) If not, what loss can KL and MN show they have incurred that they are entitled to be compensated for? What was B Ltd engaged to do and did it perform its service with reasonable care a...

4. QE v MG & B Ltd [2025] NZDT 166 (6 May 2025) [pdf, 189 KB]

   ...site and to the place of sale, $347.00. The insurer agrees to allow some time to reach agreement with the respondent on how this amount will be paid. Hannan DTR Disputes Tribunal Referee 06 May 2025 Page 3 of 4 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 re...

5. [2012] NZEmpC 53 New Zealand Educational Institute (Inc) v The Boards of Trustees of Te Mata, Parkvale and Frimley Schools [pdf, 183 KB]

   ...designed to allow teachers to move through a process demonstrating the quality of their practice against a prescribed set of knowledge, skills and attributes, and enabling them to progress to the top step of the salary scale. [9] The AST model formed part of the negotiations for the 2007 collective agreement. The plaintiff’s claims included a claim for increased remuneration; full roll out of the AST model by July 2008 (and of the other career pathways models of mentor and midd...

6. Erwood v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 92 [pdf, 283 KB]

   ...was vit (vital) by cotton bud application and Mr Erwood had refused consent for percussing the tooth or diagnostic PA – other aids to determine the status of the nerve of the tooth. Apologised to Mr Erwood and wrote the explanatory note he requested for him. [5] Dr Jackson’s handwritten letter to Mr Erwood stated: Miracold is a propane/butane/hexane mix. Ordinarily it should be sprayed onto a cotton palette and touched on the tooth. It is dangerous to spray directly into...

7. [2010] NZEmpC 128 McKendry v Jansen & Prouting [pdf, 82 KB]

   ...Remedies (1) Where the Authority or the Court determines that an employee has a personal grievance, it may, in settling the grievance, provide for any 1 or more of the following remedies: (a) reinstatement of the employee in the employee's former position or the placement of the employee in a position no less advantageous to the employee: (b) the reimbursement to the employee of a sum equal to the whole or any part of the wages or other money lost by the employee as a result o...

8. Newbury & Ors [2011] NZWHT Auckland 3 [pdf, 91 KB]

   ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The assessor’s report dated 10 August 2010. The letter from John Bansgrove of the Department of Building and Housing to the claimants dated 6 October 2010 advising that the Chief Executive had decided that the claim...

9. Okaia Trust [2011] NZWHT Auckland 22 [pdf, 90 KB]

   ...certificate until some time after the date of the final inspection. In such cases the reasons for the delay in issuing the CCC are relevant. Ultimately however a decision as to when a house is built is a matter of judgment based on all the information that is available to the decision maker. [10] Lang J also considered the effect of s43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An owner shall as soon as practicable advi...

10. International Covenant on Civil and Political Rights - summary record 5th report (continued) [pdf, 96 KB]

    ...inconsistently with the Treaty, and made recommendations to the Government. The Crown had accepted an obligation to take steps to redress the historical wrongs visited upon the Maori in breach of the Treaty of Waitangi. Redress could take a number of forms, ranging from financial settlement to an apology. Since February 2009, the Government had entered into 11 agreements-in-principle and signed 5 Deeds of Settlement. The Tribunal had received an increase in funding in 2007, bringing it...