Search Results

1. 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...

2. [2010] NZEmpC 80 Willis v Fonterra Cooperative Group Ltd [pdf, 84 KB]

   ...mislead as to the consequences of the warning which he had initially accepted on the basis of what he had been told at the time by Mr Purser as to the policy affecting all employees. [5] There is an email trail which shows repeated requests from the plaintiff after 21 September 2007 for Mr Purser to deal with his concerns and his requests for a formal meeting, Mr Purser replied on 3 October 2007 that he was sorry if the plaintiff felt aggrieved. In spite of those reques...

3. [2021] NZACC 151 - Estate of Carl Snyman (30 September 2021) [pdf, 275 KB]

   ...from Dr Snyman’s GP, Dr Donohue, dated 12 May 2015; and ▪ Reports from Dr Fraser Burling (Rheumatologist) dated 2 February, 10 February and 3 March 2015. 15 March 2015 ACC writes to Dr Snyman advising that it has insufficient information to determine whether he is entitled to weekly compensation and requires him to agree to undergo a urine provocation test for heavy metals. ACC notes that it will decline Dr Snyman’s request for entitlements if he does not con...

4. Taylor v Orcon Ltd [2015] NZHRRT 15 [pdf, 125 KB]

   ...systems are updated … [Emphasis added] [33] A few days later, on 24 October 2013, another employee of Orcon (possibly called Melody Hieatt) made the following entry acknowledging Mr Taylor had been billed incorrectly. Her note reads: Recall was requested as investigation showed we had billed incorrectly. Once credits applied showed that the customer did not owe us anything and in fact was left in credit. [34] This is a significant entry not only for what it says, but also because...

5. ME & NN v QU Ltd [2021] NZDT 1494 (5 May 2021) [pdf, 200 KB]

   ...contract between NN and ME and QU, was the contract frustrated? CI0301_CIV_DCDT_Order Page 2 of 5 c) Is QU liable to refund the balance of $4,000.00 and should it be allowed to retain an amount to cover expenses incurred for the purpose of performing the contract? As regards the [package] tour, did QU contract with NN and ME on its own behalf, or as an agent for a supplier? 6. Agency is a relationship which arises when one person (the principal) authorises another person (...

6. Deputy Registrar - Lot 1 DP 17494 Part Section 2345 New Plymouth (old Railway Station) (2017) 374 Aotea MB 81 (374 AOT 81) [pdf, 277 KB]

   ...copies of the last three annual general meeting minutes. [4] In addition, the trustees will provide a response in their report to the allegations that are now in the public domain concerning the trust and its funds. The report and the documents requested should be filed with the Registrar on or before 1pm 31 July 2017. [5] The trustees will also furnish within 14 days from the date of this direction copies of the minutes of their last 12 months of trustee meetings. [6] The tr...

7. [2015] NZEmpC 200 South Pacific Meats Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 177 KB]

   ...1, at [12]. 3 At [13]. [8] The plaintiff’s case is that the Union had advised of only four current union members employed at its Awarua and Melvern plants, two at each plant. In respect of the Awarua plant, the plaintiff says that requests for access by the Union since the beginning of October 2014 numbered 15 while the day shift was operating, and eight during periods when the night shift was at work. Of those 23 intended visits, the plaintiff says that it refused ac...

8. Ngati Pahauwera Report of Independent Assessor December 2015 [pdf, 1.4 MB]

   ...mouths of rivers (including the Mohaka River mouth) inside that area to the extent that they are part of the common marine and coastal area. “Common marine and coastal area” and “marine and coastal area” are both defined in s 9 of the Act, the former definition essentially incorporating the latter. The defined areas are those bounded by mean high-water springs and the outer limits of the territorial sea. The iwi apply under s 78 of the Act for a recognition to be included in any C...

9. Harland v ACC [2012] NZACA 6 [pdf, 408 KB]

   ...application with written submissions. [6] Mr Nee Harland filed the application by way of a simple letter, which I accept as amounting to an application by Ms Nee Harland to reinstate the appeal under ACA No. 02/05. [7] The Corporation filed a formal opposition and submissions from Mr McBride, with a bundle of relevant documents and a supporting affidavit from Mark Davis, who was employed by the Corporation as an Improvement Analyst between 2002 and 2008, to address the large volum...

10. 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...