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1. WO v B Ltd [2025] NZDT 249 (14 June 2025) [pdf, 174 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 7. I therefore conclude that B Ltd is obliged to pay the $4,500.00 balance of the partial refund that it agreed to pay. E Paton-Simpson Disputes Tribunal Referee 14 June 2025 Page 3 of 4 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 f...

2. [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...

3. Naera v Fenwick - Whakapoungakau 24 block (2010) 15 Waiariki MB 279 (15 WAR 279) [pdf, 379 KB]

   ...Acting by majority section: 227 [146] The role of Mr Eru [155] The position of Mr Gray [165] Delegation of duties [171] Applicants’ case [172] Respondents’ case [174] Discussion [176] Trustee conduct [181] Keeping the owners informed [181] Filing of accounts [192] Inquorate meeting of owners [194] Waiora investment proposal [199] Relief [204] Broad acceptability [208] Applicants’ case [209] Respondents’ case [210] Discussion [211] Conclusion...

4. Gibbs v Te Runanga o Ngati Tama - Part Lot 2 and Lot 1 DP 4866 (TNK 4/901) and Section 1 SO 10359 CT TNK4/792 (2011) 274 Aotea MB 47 (274 AOT 47) [pdf, 370 KB]

   ...no outcome. [32] Ms Hughes contended that the Applicants have indicated their desire to enter into an agreement with NPDC comparable to that which they have with Vector. That agreement assures Vector access to its pipeline. However, repeated requests for a copy of the Vector agreement have been refused. The reason for such refusal is a dispute between the 274 Aotea MB 57 Applicants and the NPDC over payment of costs. NPDC had confirmed it was prepared to meet the Applican...

5. New Zealand Law Society v Faleauto [2009] NZLCDT 19 [pdf, 180 KB]

   ...observe timetable directions, and obfuscation by Mr Faleauto through the various processes involved. [4] Taking into account this history, the clear warning given to Mr Faleauto in the Tribunal’s minute of 16 September 2009, and Mr Faleauto’s request that the matter proceed in his absence, the Tribunal considered it appropriate to proceed, and accordingly went ahead with the hearing as set down, on 19 November 2009. 3 Amendment to Charges [5] The first issue the Tribun...

6. Director of Human Rights Proceedings v Commissioner of Police (Discovery) [2020] NZHRRT 32 [pdf, 202 KB]

   ...Whooley in his affidavit sworn on 3 July 2020? [5.2] The grounds of opposition now relied on. [5.3] The Commissioner’s response to the “inconsistent search terms” point made by Ms Tait in her memorandum at paras 11, 17 and 18. [11] The requested information was provided by counsel for the Commissioner in their memorandum dated 22 July 2020. THE DISCOVERY ISSUES The issues raised by the plaintiff’s application [12] The alleged breaches of IPP 5 and IPP 11 occurred in March...

7. [2023] NZEmpC 198 Carrington Resort Jade LP v Knight [pdf, 251 KB]

   ...challenge combined the grounds relied on with submissions explaining Carrington’s position. [14] At the heart of the challenge was an assertion that the medical records Carrington wants to have disclosed to it are relevant, the breadth of the request in the notice is proportionate and disclosure will assist in the presentation of its challenge to the substantive determination. [15] While difficult to glean from the challenge, the assistance Carrington anticipates disclosure w...

8. [2011] NZEmpC 54 Madden v Worldxchange Communications Ltd [pdf, 55 KB]

   ...counsel he would have been entitled to an award of costs. 2 [2] Apart from his disadvantage personal grievance, Mr Maddern had also claimed before the Authority that he had been unjustifiably dismissed by the defendant. In dismissing both of his claims the Authority awarded costs against Mr Maddern in the sum of $6,300. 3 Mr Maddern challenged that costs award but his challenge did not form part of the case before me. The hearing before me was confined to the disadvantage pe...

9. [2014] NZEmpC 176 ALLWAZE Designs Ltd v Cawthorne [pdf, 40 KB]

   ...statement of claim in this case was served on the defendant on 23 June 2014 meaning that the statement of defence was required to be filed by Wednesday, 23 July 2014. The defendant's application for leave, with a statement of defence in draft form attached, was filed on 22 August 2014, virtually one month out of time. [4] The reason for the delay is explained in sworn affidavits from the defendant, Ms Alice Cawthorne, and her former solicitor Mr David Oliver. In essence, Ms...

10. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [2010] NZWHT Wellington 17 [pdf, 73 KB]

    ...out that before the hearing they offered to meet the entire cost of remedial work and nominated a builder who has a good reputation in the industry and whose expertise in remediation work was confirmed by the Assessor. The first offer included a request that the claimants contribute $50,000 and in a later fax no contribution was sought. There was also a cash offer of $300,000. In the substantive determination the Olssons were held liable for $310,888. In response the claimants...