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1. [2022] NZEmpC 3 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 221 KB]

   ...for the Authority in the first instance and the Court has no jurisdiction to hear them.14 [30] Both parties also made arguments about the reasonableness and practicability of interim reinstatement. I have not considered those arguments as any request for interim reinstatement will need to be filed and considered as a separate application. There is no requirement for leave in that respect. Summary [31] Taking into account the above factors and the overarching consideration of...

2. WU v QD [2021] NZDT 1613 (27 July 2021) [pdf, 270 KB]

   ...seeks damages of $14,500.00. [2] The issues to be determined are: a. Was this an “as is” sale. How was this term agreed? Can there be an “as is” sale where representations are made about the goods being sold? b. Was there incorrect information provided to WU prior to his purchasing the caravan? Do the objective meanings of the alleged misrepresentations reasonably convey incorrect information? c. Can there be misrepresentations about matters which QD would not have be...

3. KK v HL [2023] NZDT 290 (20 July 2023) [pdf, 233 KB]

   ...and her friends prior to the sale. He said he was not trying to conceal anything about the car. 33. I am satisfied that the people helping KK looked at the I Ltd report and should have been aware of the issues referred to in that report. That information was made available to KK at the time of test drive and sale and HL was not asked any question specifically about that report. 34. KK said her uncle asked specifically about the brakes and if there were any oil leaks. She said HL...

4. FC v QK [2024] NZDT 415 (14 May 2024) [pdf, 208 KB]

   ...for them to be collected by 31 July 2024, particularly as he has a brother in [Town 1]. FC is to make the goods available for QK or his agent to collect. Referee: JF Tunnicliffe Date: 14 May 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 a rehe...

5. [2009] NZEmpC WC 16/09 Tsoupakis V Fendalton Construction Ltd [pdf, 51 KB]

   ...despite what I find were the plaintiff’s repeated requests for a copy of his contract. At the time, Fendalton had painters whom it said were employees and others whom it said were independent contractors to it. Although Fendalton had standard forms of written agreement for each category of painter, none was ever completed for Mr Tsoupakis. Fendalton’s standard written contract with its self-employed painters existed both as a template and in the form of individualised contrac...

6. Samuela v ACC (Weekly compensation) [2024] NZACC 70 [pdf, 185 KB]

   ...injured his right shoulder while playing rugby. The Corporation granted cover for a shoulder sprain. 2 [3] On 27 September 2021, Ms Samuela suffered an aggravation of his injury when he slipped. He was incapacitated from work and made a request for the Corporation to pay weekly compensation. [4] On 6 October 2021, the Corporation declined to extend cover and surgery funding for a rotator cuff tear. On 11 October 2024, the Corporation also declined to pay weekly compens...

7. Ratima v Ratima - Tahoraiti 2A 12A (2023) 105 Takitimu MB 29 (105 TKT 29) [pdf, 312 KB]

   ...though an order of partial termination was made) the ownership lists for the Tahoraiti 2A 12A and Tahoraiti No 1 Section 3 blocks are now erroneous. It is submitted that this was a simple oversight by the applicants at the time. The applicants request that the Court take into account the applicants’ lack of representation and lack of appreciation of the technicalities required to formally record beneficial ownership in such matters and to have regard to the actual intent of the part...

8. LCRO 8/2021 CK v SE (23 November 2021) [pdf, 284 KB]

   ...professional duties owed to Ms AF she could not comment on the contents of Mr CK’s 28 July email without Ms AF’s authorisation. Complaint [8] Mr CK lodged a complaint with the Lawyers Complaints Service (LCS) on 3 September 2020. (1) Request [9] He sought a determination that Ms SE had breached professional ethics by “specifically ask[ing]” the trust’s lawyer in her letter of 8 April 2013 not to provide Ms AF’s “acceptance of a proposal” to [Mr CK] “until [th...

9. UT v ET [2016] NZDT 1473 (1 August 2016) [pdf, 96 KB]

   ...therefore find that ET must pay UT $1,463.75 for her cost in hiring a contractor to reposition the fence, as evidenced by the invoice from [Landscaping Contractor]. Referee: E Paton-Simpson Date: 1 August 2016 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 or a mistake was made. If you wish...

10. Form 46 Civil Public Protection Orders [pdf, 239 KB]

    Version 19 – September 2022 page 1 09/22 form 46 Tax Invoice Civil Legal Aid Fixed Fees Public Protection Orders Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice Final invoice Ple...