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1. BD v H Ltd [2024] NZDT 350 (7 March 2024) [pdf, 187 KB]

   ...During the course of some of the work, BD acknowledged he was working at home, and he would have observed the expansive nature of the work. 14. HB says he occasionally discussed with the applicant about what was happening, and at some point informed the applicant that he would likely have a legal case against the previous owner for failing to disclose the broken septic system when the house was sold. 15. HB says as the work progressed and in discussions with the applicant, he also r...

2. [2013] NZEmpC 26 Hegedus v Actronic Ltd [pdf, 102 KB]

   ...hardship to any other person, the effect on the rights and liabilities of any person, and the merits of the substantive case. The overriding consideration is the justice of the case. [5] Mr Hegedus says that he attempted to file a statement of claim on 9 November 2011 five days after the time for challenge had expired. It was rejected for being out of time. The earlier delay was then compounded by substantial further delays, with an application for leave not being filed until so...

3. BORA Ngāti Rangi Claims Settlement Bill [pdf, 115 KB]

   ...exclusion was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.4 Whether s 27(3) at issue 11. Clause 24 of the Bill excludes damages or other forms of monetary compensation as a remedy for a failure of the Crown to comply with the taonga tūturu protocol. 12. This clause may be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Act, namely the tight to...

4. Zhang & Cao v Chen [2018] NZIACDT 11 (5 April 2018) [pdf, 202 KB]

   ...in the invidious position of making large investments into companies where a person nominated by the adviser was the sole director. The complainant apparently did not meet the sole director, and was not provided with his contact details when requested. His address registered with the Companies Office was the same as the adviser’s address disclosed in a document before the Tribunal. Fees purportedly for the services of that director were allegedly paid to the director’s moth...

5. ABI v ZYU Ltd (in liquidation) [2010] NZDT 82 (30 September 2010) [pdf, 10 KB]

   ...AND ZYU Ltd (in liquidation) RESPONDENT Date of Order: 20 September 2010 Referee: Referee Benson ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim against ZYU Ltd (in liquidation) is dismissed. [1] The hearing on 20 September 2010 was attended by ABI and KL, who was a director of ZYU Ltd (in liquidation). [2] ABI claimed a refund of the price for a couch purchased from ZYU...

6. BU v B Ltd [2024] NZDT 18 (30 January 2024) [pdf, 178 KB]

   ...rehearing should be ordered in this instance. Therefore, B Ltd’s application for a rehearing is refused, and referee Jadurum’s order stands. Referee: C D Boys Date: 30 January 2024 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 rehe...

7. RH v LV LCRO 189 / 2011 (25 September 2012) [pdf, 126 KB]

   ...considered all of the evidence now before me, I am far from persuaded that the Practitioner’s failure to arrange for an instructing solicitor was a calculated act, or for any nefarious purpose. There are a number of reasons for the views I have formed after careful consideration. [35] The initial contact by the Applicant was within a short time after his wife’s death. The Applicant had acted for the Applicant for some 25 years and it cannot have been unexpected that in such...

8. Otago Standards Committee v Duff [2021] NZLCDT 25 (2 September 2021) [pdf, 168 KB]

   ...introduction of the $150,000 from Mr P was only $55.97. This means the expenses, including the entertainment costs, which were paid for a period from 30 April onwards were being met from Mr P’s funds. [18] Although we note that this does not form part of the charges brought against Mr Duff, we simply record this as a notable concern as to his accounting and business practices. [19] In a similar way Mr Duff’s personal legal expenses of $6,670 were paid on 13 May 2016. On 16...

9. [2023] NZEmpC 33 Pyne v Invacare New Zealand Ltd [pdf, 239 KB]

   ...11 Sisson t/a Edgeware Law v Lewis [2004] 1 ERNZ 200 (EmpC) at [53]. 12 Legislation Design and Advisory Committee “Legislation Guidelines – 2021 Edition” (September 2021) at [28.6]. has been described as the most “vigilant” form of judicial supervision.13 At the other end of the appeal spectrum the appellate court’s ability to intervene is at its most restricted. At this end of the spectrum the court can overturn an error of law or fact but only based on th...

10. Herewini - Succession to Ra Herewini [2024] Chief Judge's MB 1103 (2024 CJ 1103) [pdf, 506 KB]

    ...was included in the Court submission setting out the grounds upon which the application was filed. In summary, the original applicant Johnstone Ra Herewini challenged the succession order made in 1974 in favour of his mother, Rakuira Herewini. He claimed that under the ancient law of tuku iho, the lands were to pass to him. He claimed that his father said “all his lands are now in my [Johnstone’s] care, never to be sold in any way, shape, or form.” He claimed his mother was...