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1. [2019] NZEmpC 132 Chief Executive of Manukau Institute of Technology v Zivaljevic [pdf, 300 KB]

   ...[2010] NZEmpC 142, [2010] ERNZ 468. [20] He says his understanding was that the obligation MIT had to put the best candidates into roles applied only after the redeployment avenues were exhausted. [21] He couches his comments as a request for MIT’s view and asks Mr Bhimy to consult MIT’s legal team. He says: I expect your comment on this as this is one of the important points that contributed to my personal grievance. [22] Mr Zivaljevic also asked for informat...

2. Director of Human Rights Proceedings [NKR] v Accident Compensation Corporation (Strike-Out Application) [2014] NZHRRT 1 [pdf, 91 KB]

   ...subject of an investigation by the Privacy Commissioner. It is sufficient to show that the Privacy Commissioner investigated an alleged breach of Principle 6 following a request by Mr Geary for access to personal information. All personal information requested fell within the ambit of that investigation and accordingly within the jurisdiction of the Tribunal. [64] It should be added that it is not uncommon for the Tribunal to be told by an agency that, subsequent to the institution of...

3. BORA Tauranga Moana Iwi Collective Redress Bill [pdf, 279 KB]

   ...Crown, trustees of Ngā Hapū o Ngāti Ranginui Settlement Trust, Ngāi Te Rangi Settlement Trust, and Te Tāwharau o Ngāti Pūkenga Trust, and on behalf of the Tauranga Moana Iwi Collective Limited Partnership. 3. It provides cultural redress in the form of: 3.1 a statutory acknowledgement by the Crown of statements made by Tauranga Moana Iwi of their cultural, historical, spiritual, and traditional association with certain areas, and the effect of that acknowledgement; 3.2 the esta...

4. Chen v Christchurch City Council [pdf, 31 KB]

   ...12. Mr Dalziel spoke to the witness brief he filed dated 16 March 2009. Mr Dalziel said he was the owner and director of a company that purchased land at 32 Cranmer Square, Christchurch. He was not a property developer “as the company was formed for business reasons and was merely the client.” (The Tribunal accepted he was referring to both companies but will refer to them in the singular where appropriate). The Tribunal understood Mr Dalziel to mean that he was the clien...

5. EGX v BSL [2011] NZIACDT 17 (6 July 2011) [pdf, 75 KB]

   ...there was nothing apparent in the written record. The evidence in support of the allegation was a vague assertion from the Complainant the Adviser issued such a threat. There was evidence the passport was returned on request and the Adviser had informed the office manager of his employer when this allegation was made. Decision – Complaint Dismissed [10] The minute gave the parties the opportunity to respond. There was no substantive response from any party. [11] In the absence of a...

6. KK v OW Ltd [2022] NZDT 179 (6 October 2022) [pdf, 128 KB]

   ...‘equine specialist’ as this is a specific qualification. 10. While there was scope for some confusion, I find that the advertisement was not misleading and did not misrepresent the services provided by UW Ltd. There is no evidence that the information about either member of the team is incorrect. The accompanying photographs is of a horse with Dr S beside it. The horse is the dominant feature. The advertisement does not name the person in the photograph as being either membe...

7. DQ v S Ltd [2023] NZDT 61 (17 January 2023).pdf [pdf, 184 KB]

   ...respondents an additional $500.00. The respondent then decided that in its views there was nothing wrong with the umbrella the applicants originally bought, it would not be following through the with agreement. 7. The respondent’s refusal to perform its part of the agreement between the parties constitutes a breach of contract. What remedy, if any, is available to the applicants? 8. Section 18 of the CGA sets out the rights of consumers where a guarantee under the CGA has...

8. NX Ltd v BH Ltd [2022] NZDT 238 (1 December 2022) [pdf, 104 KB]

   ...or the value of the left-behind goods, $4000.00 is set as the value because it was the applicant’s estimate of value and therefore the value of the original claim. Referee Perfect Date: 1 December 2022 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 re...

9. BI v LU [2023] NZDT 589 (10 November 2023) [pdf, 205 KB]

   ...examination of the oven after the fire, revealed gaps in the fire bricks at the base of the oven. When the bricks were removed it was noted that the 10mm thick decorative tiles (under the oven) had been burnt through, allowing the plywood and the timber platform under the tiles, to effectively catch fire. According to FG (as reported by the fire investigator), the respondent was provided with the FG specification and installation PDF. The specification clearly states that there must be a...

10. EH v KS [2023] NZDT 415 (25 August 2023) [pdf, 182 KB]

    ...destroying the boxes, EH destroyed KS’s property thus relieving KS of any further requirement to remedy the failure to provide a dog box of acceptable quality. Referee: G R Meyer Date: 25th August 2023 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...