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1. KT v DX [2024] NZDT 593 (28 August 2024) [pdf, 172 KB]

   ...acknowledges that DX was not involved in any conversations with her about the loan of the money, although she says DX was aware of it and there is a written statement CI0301_CIV_DCDT_Order Page 2 of 3 from UT to that effect. The agreement was formed though in a verbal conversation that only KT and UT were party to. 9. The two loan amounts were paid by bank transfer to UT’s account (KT points out the couple did not have a joint account) with the reference ‘To UT’. There was...

2. JT & QL v SQ & TQ [2024] NZDT 855 (10 September 2024) [pdf, 126 KB]

   ...had the EQC report; c. The Respondents said the house was perfect. The Respondents did not tell them they had bought the house on an “as is, where is” basis 4. The law does not impose a positive duty on a vendor to disclose all the information they know about the house. It is for the purchaser to ask the questions and make enquiries about the matters that they are interested in. 5. For this reason, the Respondents did not need to tell the Applicants that when they purch...

3. [2013] NZEmpC 39 Rittson-Thomas t/a Totara Hills Farm v Davidson [pdf, 150 KB]

   ...personal grievance justification test under s 103A of the Employment Relations Act 2000, as it applied before that date, was used by the Authority. This case being a challenge to its determination (albeit now directed to be heard de novo), that former section applies. In shorthand, this is what is known as the “would” test version of s 103A. Relevant facts [5] Mr Rittson-Thomas owns a Hawke’s Bay farm known as Totara Hills Farm. This operates as two separate units althoug...

4. [2022] NZACC 1 - Namana (6 January 2022) [pdf, 275 KB]

   ...Respondent Hearing: 13 December 2021 Held at: Auckland/Tāmaki Makaurau Appearances: H Peart for the appellant F Becroft for the Accident Compensation Corporation Judgment: 6 January 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for cover for a work-related gradual process injury - s 30 Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 2 October 2019. The Reviewer dismissed, inter alia, an appli...

5. MacMillan v NZ Parole Board [2013] NZHRRT 3 [pdf, 61 KB]

   ...containing information about Mr MacMillan. On 26 June 2006 the Chairperson of the Board (Judge DJ Carruthers) made an order under s 13(3) of the Parole Act 2002 that the submission not be made available to Mr MacMillan. [7] Mr MacMillan has twice requested access to the submission and has been twice refused. The first refusal by the New Zealand Parole Board was by letter dated 25 August 2006. That letter makes reference to the order under s 13(3) and to the savings provisions in s 7 o...

6. DU v QN [2023] NZDT 434 (4 September 2023) [pdf, 220 KB]

   ...problems, notably osteoarthritis. DJ also undergoes regular and ongoing physiotherapy. 5. DU sought a refund from QN who agreed DU could return DJ for a full refund of the purchase price ($1,500). This was after the 11.5 week vet check but before any formal diagnosis of DJ’s condition had occurred. 6. DU did not wish to return DJ as she had become attached to him and so it was agreed that if there was evidence that DJ did have a defect in his hips that was due to a breeding issu...

7. BI v X Ltd [2025] NZDT 44 (4 February 2025) [pdf, 212 KB]

   ...https://www.westlaw.co.nz/maf/wlnz/app/document?docguid=I9fac7d78e02811e08eefa443f89988a0&&src=rl&hitguid=I80af1c0ce00611e08eefa443f89988a0&snippets=true&startChunk=1&endChunk=1&isTocNav=true&tocDs=AUNZ_NZ_LEGCOMM_TOC#anchor_I80af1c0ce00611e08eefa443f89988a0 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 infor...

8. DF Ltd v TS Ltd [2021] NZDT 1315 (21 April 2021) [pdf, 233 KB]

   ...cancel the contract? c) Is DF entitled to the sum claimed? Did DF breach the contract in failing to carry out the service in accordance with the engineer’s instructions? 4. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking...

9. [2019] NZEmpC 109 Downer New Zealand Limited v Livingston [pdf, 256 KB]

   ...to suitable dates. Mr Livingstone confirmed his availability by way of email dated 16 October 2017 and said that he wished to have two other matters addressed at mediation. He copied the Human Resources manager into the email, who responded by requesting that Mediation Services ask Mr Livingstone to provide full details of his further claims, otherwise the company would only attend mediation to respond to the matters lodged in the Authority. Mediation Services replied, asking Mr...

10. Ruapuha and Uekaha Hapu Trust v Tane - Hauturu East 8 Block [2010] 2010 Maori Appellate Court MB 512 (2010 APPEAL 512) [pdf, 226 KB]

    ...the claim Mrs Anderson and others were involved in a short period of activity that resulted in the settlement in late 1990. We refer to the main steps only in that settlement process. [9] In May 1989 a new organisation for the Ruapuha hapu was formed. It held its first meeting on 6 May 1989. Kit Toogood, solicitor of Wellington, was appointed as legal advisor for WAI 51. At its second meeting on 10 June 1989 Mrs Anderson advised the meeting that the Waitangi Tribunal had propose...