Search Results

1. [2017] NZEmpC 101 Nath v Advance International Cleaning Systems (NZ) Ltd [pdf, 217 KB]

   ...the Authority is required to dispose of problems and disputes promptly and without undue regard to technicalities. Consequently, when electing a non de novo challenge, careful attention should be given to the issue as to whether any additional information should be before the Court beyond that which is apparent from the determination under challenge. (emphasis added) [10] The challenge rights in s 179 have given rise to ongoing issues and confusion, particularly in circumstances...

2. JL v P Ltd & SX [2024] NZDT 685 (27 August 2024) [pdf, 203 KB]

   ...and that they worked as a team. Furthermore, she says she had emails from both QV and SX using the signature block Company P Limited, and that the invoices had the name Company P. 11. However, on balance I find that by the time the contract was formed in February 2022, Company P was no longer being operated by the company Company P Limited. I say this as I accept the evidence from QV, the Director of Company P Limited supported by the agreement for sale and purchase of a business date...

3. Estate of Moloney v Accident Compensation Corporation [2024] NZACC 203 [pdf, 191 KB]

   ...the collection is 3 cm. A clear dressing was placed over the marking to protect it during transit to the ward. [28] On 24 January 2021, Mrs Moloney died from metastatic colorectal cancer. [29] On 9 February 2022, an advice of accidental death claim form ACC21 was submitted to the Corporation. This included a request for financial assistance with a funeral grant and outlined the delay with the MRI scan as the MRI scan request was supposed to be in the six-week category but by mi...

4. HY v RB & YR [2019] NZDT 1217 (7 October 2019) [pdf, 167 KB]

   ...operated by BN Limited to re-open a quarry to supply the aggregate rock required for completion of the Works (the “Works”). Investigations revealed that, on 1 July 2018, the vendors had given their unconditional consent to the Works by signing a form for the purposes of s95B of the Resource Management Act 1991 (“RMA”) (the “Consent”). However, the vendors had not notified Ms HY of either the Works or the Consent. [4] Ms HY states that she would not have purchased the pro...

5. WG v HK [2024] NZDT 216 (11 March 2024) [pdf, 140 KB]

   ...thought that he had slowed down deliberately, as time went on, in order to earn more money. She had not considered his work satisfactory. At one point, she said, when WG had been obliged to hang some doors, a representative of the door supplier had informed her that WG did not know how to do the work. [9] During the Christmas break, HK had wanted to engage other tradespersons to carry out other work in her house. At that point, she said, she had learned, from their comments, that the wor...

6. SC v N Ltd [2023] NZDT 467 (23 August 2023) [pdf, 121 KB]

   ...Ltd [City 1]). 2. In August 2015, N Ltd [City 2] (Mr D) entered into a sole agency agreement with Q Ltd for the sale of a commercial building at [Address]. N Ltd [City 1] (SC) worked with Mr D as the local agent. 3. SC prepared a detailed information pack for potential purchasers. 4. In September 2015, XZ phoned SC to enquire about the building. 5. SC and XZ had previous dealings together. SC had been a commercial real estate broker in [City 1] for 30 years. XZ is a well-know...

7. QT & WT v K Ltd [2024] NZT 895 (4 December 2024) [pdf, 181 KB]

   ...control of the Respondent. 21. The Applicants note that some delays were attributed to incorrect or delayed ordering done by the Respondent. CI0301_CIV_DCDT_Order Page 4 of 6 22. Pursuant to section 28 of the Act, any services will be performed with reasonable skill and care. However, this does not mean that a supplier is not able to make errors or mistakes. 23. I find that while the Respondent did make a couple of errors regarding ordering, these are expected in the...

8. UN v BK [2024] NZDT 650 (16 August 2024) [pdf, 146 KB]

   ...connections. The Tribunal has no jurisdiction to make orders regarding that unacceptable conduct. That is a matter for the NZ Police. Referee: B M Smallbone Date: Friday, 16 August 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...

9. Manuirirangi v Parininihi Ki Waitotara Incorporation - Waiokura Te Kauae blocks, Section 27-29, 33,34, 40-44 and Section 111 Block VII Waimate Survey District and Lot 1 Deposited Plan 5603 (2013) 312 Aotea MB 104 (312 AOT 104) [pdf, 86 KB]

   ...Tōpu Trust seeks an order for the alienation of the Waiokura Te Kauae lands from the Parininihi ki Waitotara Incorporation (“PKW”) to the Trust for the benefit of Ngāti Tu hapū, and for the upkeep of Waiokura Marae. In short Mr Manuirirangi requests that the Court order PKW to transfer title of the lands to the Trust by way of gift or alternatively for some nominal amount that may involve an exchange of shares. [2] PKW opposes the application and says that it has wider respo...

10. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [pdf, 200 KB]

    ...agrees to assume all the risk, for any condition or problems that may be concealed at the time of the inspection. CI0301_CIV_DCDT_Order Page 3 of 6 Nothing will be dismantled during the inspection, and there will be no destructive testing performed. Appliances and spa/pool equipment special cycles or features are not inspected; none of the appliances or equipment will be dismantled, and no determination of their efficiency will be made. The client understands that the house...