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1. [2022] NZEmpC 95 Kingipotiki v Taplin [pdf, 220 KB]

   ...freezing order over a portion of the net sale proceeds of the farm that will be held by the Trustee’s solicitor in their trust account once settlement occurs. [5] The grounds of the application can be generally stated. Each of the applicants’ claim breaches of the Employment Relations Act 2000 (the Act), the Holidays Act 2003, the Minimum Wage Act 1983 and the Wages Protection Act 1983. [6] Essentially the claims are that each of the applicants is owed a substantial sum o...

2. BE v MG [2023] NZDT 262 (20 June 2023) [pdf, 186 KB]

   ...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 262 APPLICANT BE RESPONDENT MG The Tribunal orders: 1. MG is to pay BE $19,000.00 on or before 11 July 2023. 2. The balance of the claim is dismissed. Reasons Introduction 1. In April 2022, BE and MG entered into a loan agreement where MG borrowed $29,000 from BE to purchase a [car] registration [number] from BE. Under the agreement MG was to make weekly rep...

3. RQ & TQ v SR & N Trust Ltd [2022] NZDT 127 (11 August 2022) [pdf, 243 KB]

   ...withdrawn as discussed above. 27. The claim against SR is dismissed. SR was not personally a contracting party to the Agreement for Sale and Purchase. Referee: K. Edwards Date: 11 August 2022 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 fo...

4. TS v LN & DN [2024] NZDT 653 (21 August 2024) [pdf, 245 KB]

   ...that remediation work in excess of $10,000 would be required. 17. To support her position, LN filed an email from CC dated 24 October 2024 which confirmed that after the inspection “the retaining wall drainage appears in compliance and is performing as per standard”. CC identified some minor issues that needed attention to prevent runoff pertaining to the pergola canopy stormwater control and reshaping of ground to certain areas to better manage water runoff. 18. In an earlier...

5. O Ltd v TO [2023] NZDT 341 (24 May 2023) [pdf, 169 KB]

   ...claimed costs for. 6. As already stated, the Tribunal cannot award costs in this case, including the filing fee, and O Ltd’s claim must therefore be dismissed. Referee Perfect Date: 24 May 2023 Page 2 of 2 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 rehe...

6. Handy v New Zealand Fire Service Commission (Strike-Out Application) [2018] NZHRRT 27 [pdf, 351 KB]

   ...not consider the Human Rights Commission had jurisdiction to proceed with the complaint of racial harassment, as Mr Handy had sought to have it included in a personal grievance dealt with by the ERA. The Human Rights Commission subsequently informed Mr Handy that it declined to proceed with his complaint of racial harassment. In August 2015, mediation was held in respect of the sexual orientation discrimination complaint which was unsuccessful. The Human Rights Commission fil...

7. Cheng v Serco New Zealand Limited [2025] NZHRRT 11 [pdf, 203 KB]

   1 DECISION OF TRIBUNAL1 [1] Between July and November 2020 Mr Cheng made five separate information privacy requests under the Privacy Act 1993 (PA93) to Serco New Zealand Limited (Serco) regarding matters relating to his treatment while he was in custody at the Auckland South Corrections Facility (ASCF). 1 This decision is to be cited as Cheng v Serco New Zealand Limited [2025] NZHRRT 11. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2025] NZHRRT 11 I TE TARAIPIUNARA MANA TANGA...

8. 24 Bath Street Ltd v Hulena Architects Ltd [pdf, 18 KB]

   ...sale and purchase agreement between Nigel Loy and 24BS on 10 April 2008. Mr Morris argued that this was not ‘an arm’s length transaction’ such as that intended by s 55(2) of the Act. I do not accept this argument. The sale and purchase formed the basis of the trust deed and must have had some import. It is not acceptable for the claimant to argue that, for some purposes such as the formation of the trust, the sale and purchase agreement is a genuine transaction but for ot...

9. Davis v Accident Compensation Corporation (Deemed Cover; Personal Injury) [2025] NZACC 79 (12 May 2025) [pdf, 3.9 MB]

   ...2025 Held at: Hamilton/Kirikiriroa District Court Appearances: W Forster for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 12 May 2025 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for deemed cover – ss 135, 146, claim for personal injury, ss 20, 25, 26, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 14 October 2024. The Reviewer dis...

10. KL v SH [2023] NZDT 367 (14 June 2023) [pdf, 181 KB]

    ...sale. SH breached that term by taking several months to discharge the security interest. 11. The remedy for a breach of contract is for the breaching party to put the other party back in the position they would have been had the contract been performed. When a party is claiming consequential losses those losses must be caused by the breach, be reasonable, and be reasonably foreseeable as liable to result from the breach. 12. KL claims a total of $1,000.00 for stress and inconvenie...