Search Results

1. [2019] NZEmpC 129 A v N Ltd [pdf, 291 KB]

   ...employed by the defendant N Ltd, on 12 September 2016, as a farm assistant. [2] The terms and conditions of the employment were contained in an individual employment agreement (the IEA). The agreement is quite an elaborate document using a format provided by Federated Farmers of New Zealand (Federated Farmers). The IEA provided for A to occupy a farm cottage on the farm where she was employed. She was required to pay rent on a subsidised basis. By inference the cottage formed...

2. AI v Secretary for Justice 10 August 2012 NZRA 000012 [pdf, 83 KB]

   ...before the Maori Land Court or Waitangi Tribunal. c. That the Applicant had not provided sufficient evidence to show that she had experience in the skill required to take a proceeding from start to finish as a Lead Provider. 2 d. That the information that the Applicant supplied relating to experience in civil and family matters intended to support and supplement the application for approval did not evidence active and substantial involvement in Waitangi Tribunal or Maori Land Co...

3. [2020] NZEmpC 139 KiwiRail Ltd v Mobbs [pdf, 450 KB]

   ...common ground that when Mr Mobbs applied for retirement leave in 2018, the applicable CEA was between KiwiRail and MUNZ 2016 – 2018. It related to employees of KiwiRail who worked on the Interislander ferries. The agreement covered work performed by permanent, fixed-term and casual employees in various positions on the Kaiarahi, Aratere, Kaitaki, and any new ships which may be introduced by Interislander.2 [9] Clause 37 was the operative clause as to retirement leave, and provid...

4. LCRO 243/2013 ZAA v YBC (27 June 2017) [pdf, 267 KB]

   ...expression in “dollar terms” and not an “indicative” value. The intention was that the party who purchased VDE, which did not have a goodwill value recorded in its accounts, would receive a fair share of the $380,000 goodwill figure.14 He claims that neither he nor Mr UEF would have sold their respective interests for the goodwill figure of $119,216 which was included in the formula devised by Mr YBC and the accountant. 12...

5. [2021] NZACC 127 - Jones v ACC (11 August 2021) [pdf, 177 KB]

   ...1992 on the 1991 claim calculating the weekly compensation at $432.22 being 80% of Mr Jones’ total loss of earnings of $541.52. The Corporation considered Mr Jones’ arguments but was not prepared to recalculate his income as the limited information available did not demonstrate that the 11 March 1992 calculation was incorrect. [13] Mr Jones applied to review the 2017 decision. When this application was unsuccessful he filed an appeal to the Authority. 2018 Substantive Deci

6. C Ltd v CZ [2024] NZDT 779 (11 November 2024) [pdf, 387 KB]

   ...Ltd was to do, how it was to be paid for and when it was to be completed? 19. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. For a contract to be formed there needs to be an offer, an acceptance of that offer, and an exchange of something of value called consideration. CI0301_CIV_DCDT_Order Page 3 of 15 20. The process started by CZ requesting a quote from C Ltd for joinery and s...

7. TI v T Ltd [2024] NZDT 580 (16 July 2024) [pdf, 171 KB]

   ...would view as a clear aesthetic flaw. 6. Since the consumer has been unable to prove a failure to comply with the CGA guarantees, the claim must be dismissed. Referee: E Paton-Simpson Date: 16 July 2024 Page 2 of 2 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 reh...

8. FI v S Ltd [2025] NZDT 13 (9 April 2025) [pdf, 94 KB]

   ...orders: S Ltd is ordered to pay FI the sum of $559.00. Payment of this sum is ordered no later than 30 April 2025. Reasons: 1) In February 2024 the applicant bought a water distiller from the respondent. In July last year, the applicant noticed rust forming inside the wall of the distiller’s stainless steel boiling chamber. Ongoing efforts to clean the rust have not been successful. In November 2024 the distiller started making a rattling noise in its condenser unit. It also failed to...

9. Bayne v Ngati Rehua Ngati Wai ki Aotea Trust Board - Ngatirehua Ngatiwai ki Aotea Trust (2015) 115 Taitokerau MB 41 (115 TTK 41) [pdf, 228 KB]

   ...does not involve the transfer or return of interests in Māori customary land or Māori freehold land. Mr Webster rejects that the applicant has been unable to obtain evidence to put before the Court. Mr Webster contends that there have been no requests for his client to provide information. Mr Webster also states that a copy of the agreement in principle is available on the Office of Treaty Settlements website and Ms Bayne could have accessed that along with any member of the pu...

10. O Ltd v U Ltd [2023] NZDT 586 (7 November 2023) [pdf, 208 KB]

    ...provide services in accordance with the contract? ii. If so, is U Ltd liable to pay the amount outstanding? Did O Ltd provide services in accordance with the contract? If so, is U Ltd liable to pay the amount outstanding? 3. A contract is formed when the parties agree on the terms and conditions. 4. Ms Z, General Manager of O Ltd, states their quote was based on the plans provided which show an area of 90 square metres. U Ltd however has subsequently stated the area is actually...