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1. BI v NX [2024] NZDT 310 (22 May 2024) [pdf, 92 KB]

   ...sell the damaged car to a wrecking company for $2,000.00. This figure must be deducted from the value of the car, meaning BI has suffered a loss of $23,000.00. Referee: Souness - DTR Date: 22 May 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 r...

2. KT v P Ltd [2024] NZDT 382 (14 June 2024) [pdf, 128 KB]

   ...car termed a ‘mild hybrid’ by the manufacturer. 2. The issues to be resolved are: a. Does the [vehicle] comply with the description ‘hybrid’? b. Did P Ltd have any duty to advise KT the type of hybrid that it is, or the likely performance of the vehicle? Does the [vehicle] comply with the description ‘hybrid’? 3. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 9 of the CGA provides a guarantee that where goods are supplied by a description...

3. Wakelin and Anor as Trustees for the Get In & Walk Trust v Taupo Texture Coatings Limited [2011] NZWHT Auckland 43 [pdf, 206 KB]

   ...met with TTC and MWL at various times over the next 10 months in order to ascertain the reasons for the leaks are to reach agreement on a solution. [35] In approximately March 2008 Mr Steve Amrein of TTC returned again to the site, at the request of the claimants and KBL, to attempt to resolve the issue of the leaks with the deck. Mr Amrein removed some tiles from the deck and then resealed the membrane. [36] In June 2008 TTC was advised that there was still leaking p...

4. [2007] NZEmpC AC 25/07 Woud v Department of Corrections [pdf, 69 KB]

   ...sought this accrual to be added to his annual leave entitlement. He seeks a declaration that he is entitled to that accrued annual leave as between the date of his dismissal and reinstatement because the defendant has refused to comply with his request. It is common ground that the plaintiff is no longer in the employment of the defendant. [4] The strike-out application pleads that no reasonable cause of action has been raised and that the plaintiff’s proceedings are an abuse of...

5. Wati v Accident Compensation Corporation (Claims process and Costs on Appeal) [2024] NZACC 109 (27 June 2024) [pdf, 198 KB]

   ...Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: R Chand for the Appellant F Smith for the Accident Compensation Corporation (“the Corporation”) Judgment: 27 June 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims process and costs on appeal] Introduction [1] The following appeals have been lodged: (a) ACR 319/19: lodged on 12 December 2019. The appeal is against the decision of a Reviewer dated 15 November 2019. The Reviewer dismissed the

6. Canterbury Earthquake Insurance Tribunal Annual Report 2022 to 2023 [pdf, 629 KB]

   ...was facilitating the conference on behalf of the Tribunal, and therefore had the discretion to exclude any person from contributing to the conferral process. (c) A repairer who was a respondent in an application with alleged defective works, requested that it was removed from the application. The insurer opposed as it wanted to recover against the repairers. The Tribunal allowed the removal application, on the basis that preliminary evidence showed that it was unlikely that the...

7. EMPC Old dogs new tricks conference presentation [pdf, 239 KB]

   ...advocate is acting for, unless the parties agree otherwise. The parties must not undermine or do anything that is designed to undermine the bargaining or the authority of the other in the bargaining. The parties must provide to each other, on request and in accordance with s 34, information that is reasonably necessary to support or substantiate claims or responses to claims made for the purposes of the bargaining. 5 The parties to bargaining are not required to continue to...

8. E82 Martin Te Moni - EIC - Ngaati Whanaunga [pdf, 1.8 MB]

   ...other iwi in the area. We inherited our customary rights and interests in Waitemataa and the surrounding area through our tuupuna and ahi kaa roa. 13. Ngaati Whanaunga do not view our whenua, moana and other taonga solely for their physical form. They also embody the cultural and spiritual values associated with our past. The cultural and spiritual significance of our taonga increases where they are associated with important tuupuna and events that were significant to the mana...

9. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

   ...author of another letter of complaint about Ms Mackay), and three other staff. 6 [13] In the course of these interviews, Mr McLennan coached Ms X on how to avoid inflammatory situations. He also recorded that Ms Y was willing to attend some form of mediation to restore a harmonious work environment. 7 Ms Mackay was not informed about these matters at the time. Nor had anyone spoken to her about obtaining support from an Employee Assistance Programme. 8

10. W and W v Southern Response Earthquake Services Ltd [2020] CEIT-2020-0020 [pdf, 549 KB]

    ...Christchurch City Council’s flood management minimum floor height by about a metre, leaving it subject to periodic flooding. [7] The first three pages of SL’s report outlined the brief it had received from the applicants and then defined its “performance criteria” which included its understanding, in structural engineering terms, of reinstatement to an “as new” standard. It then summarised the geotechnical issues derived from a geotechnical report obtained by the applicant...