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1. 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...

2. G Ltd v F Ltd [2025] NZDT 40 (3 April 2025) [pdf, 184 KB]

   ...parties’ lease, dated 8 January 2024, was signed by SD and LT for their respective companies. The lease was expressed to run for one year, with subsequent rights of renewal. The monthly rental was $1,195.46. SD said that LT had paid rent until she informed him on 15 September 2024 that F Ltd was intending to vacate the property. At that point, the lease had some four more months to run, and 20 days’ notice of a decision not to renew the lease was required if that was the tenant’s inte...

3. 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...

4. 31 October 2015 Legal Aid News [pdf, 547 KB]

   ...collation of the results, we will publish the findings. Customer surveys allow us to regularly engage with our clients so we can measure levels of satisfaction of our services. Customer feedback is important to us as it helps us assess how we are performing and identify ways to improve our service delivery. Text Messaging As was noted in last month’s Legal Aid News, grants officers will be sending texts to criminal providers for urgent assignments from Monday, 2 November 2015. T...

5. S Ltd v E Ltd [2023] NZDT 601 (8 November 2023) [pdf, 141 KB]

   ...application to the tribunal alleging that the contract is with E Ltd, and E Ltd is liable for the outstanding payments. Issues 9. To resolve this application, I need to consider: a. Was E Ltd acting as the customer’s agent when the contract was formed? b. Was E Ltd’s identification of the customer sufficiently clear that E Ltd was outside of the contractual relationship? Agency 10. Agency is the legal concept where a person acts as the representative of another, an...

6. CT & KT v BD [2024] NZDT 478 (12 June 2024) [pdf, 176 KB]

   ...turned up at my home and he advised me what to do.” 5) Following receipt of BD’s communication of 10 June, I further directed: “BD is required to provide the Tribunal with verification as to when, specifically, he was in hospital. This information is required no later than this Friday 14 June.” 6) The Tribunal now has received a discharge document with respect to BD’s stay in hospital last year. This shows that BD was admitted to hospital on 29 September, and discharged...

7. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 42 KB]

   ...objections were without substantial merit. Harrison J agreed with the adjudicator’s assessment of the situation. [19] The basis of this claim lacked substantial merit. [20] I therefore find that I am empowered to consider costs. Cost of claims made [21] The claimant raised a number of claims that I did not have to decide. However, the respondents were obliged to prepare for those claims, present evidence and make submissions. [22] When the hearing commenced on...

8. [2012] NZEmpC 153 Hayllar v The Goodtime Food Co Ltd [pdf, 265 KB]

   ...employer fails to provide proper and adequate training and education as specified by its policies, the policies remain valid and enforceable. Of lesser significance, but also a potentially important question of law, is whether, if an employee is requested to undergo a drugs test, the employer is required to disclose the basis for that request (including any evidence on which it is based) and provide the employee with an opportunity to comment before any such request is made. All...

9. Kelly v Tall Poppies Education Limited [2024] NZHRRT 54 [pdf, 339 KB]

   ...her child had been left unsupervised in a playground and she had to go looking for her child. Mrs Perry required the plaintiff to provide relevant records needed so that she could respond to the complaint. We consider Mrs Perry’s information requests were entirely reasonable in the circumstances. [34] On 28 July 2021 one of Tall Poppies’ regular Coordinator visits occurred. This entailed an onsite visit to the plaintiff’s home. The notes of this visit include reference to...

10. 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...