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1. Greensmith v Auckland Council [2025] NZHRRT 24 [pdf, 372 KB]

   ...HEARING: 29 November 2024 and 2 December 2024 DATE OF LAST SUBMISSIONS: 11 February 2025 for defendant 25 February 2025 for plaintiff DATE OF DECISION: 18 July 2025 2 [1] In September 2016 Ms Greensmith made an information privacy request to Auckland Council (Council) for an independent report (Report) it had commissioned regarding matters concerning properties she co-owned with her husband. Council initially refused to provide Ms Greensmith the Report. However, over t...

2. ID v SD Ltd [2021] NZDT 1509 (4 February 2021) [pdf, 184 KB]

   ...timing of their cleaning at School 1 to fit around his father’s new cleaning contract with School 2. On 1 May 2018, School 1 gave SD Ltd thirty days’ notice to terminate its cleaning contract with SD Ltd. SD Ltd accepted the termination and informed ID. 3. ID now claims $15,000.00 in damages for the termination of the School 1 contract from SD Ltd and School 1. 4. The issues to be determined are: a) What is the nature of the contracting arrangement between the parties? b) Was Sc...

3. TX v V Ltd [2023] NZDT 227 (22 May 2023) [pdf, 150 KB]

   ...contract? (b) Did the sales become unconditional within 6 months of TX leaving V Ltd? (c) Is TX entitled to any commission? What were the relevant terms of the contract? 4. The law of contract applies. Once a legally enforceable contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means that if one party breaches a term of the contract, the other party may seek a remedy. 5. TX and V...

4. Karetai v Sollart - Estate of George Grey Huriwai te Ruatukihiki Karetai [2018] Chief Judge's MB 219 (2018 CJ 219) [pdf, 566 KB]

   ...application. 2018 Chief Judge’s MB 223 Details of payments made as a result of the Order 13. On 12 December 2013, letter were sent to the Māori Trustee Office (now Te Tumu Paeroa), Waitutu Incorporation and the Rakiura Māori Lands Trust, requesting that a hold be placed over the client accounts for the George Percy Huriwai Te Ruahikihiki Karetai Whānau Trust, pending the outcome of this application, and to provide what payments (if any) have been made to date. 14....

5. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...a party to these proceedings (no other party opposed the strike out) as there was no evidence to link its work or the producer statement to weathertightness issues. There was no foreseeable likelihood of any liability in respect of the work performed by the Fourth Respondent. MATERIAL FACTS [7] The owners own a rural property near Kawhia. In September 1999 two of the owners (“SE Middlemass and SA Middlemass”) met with Dorfliger and another representative of NZLC an...

6. Ram v Tan [2016] NZIACDT 39 (9 August 2016) [pdf, 207 KB]

   ...Mr Tan accepted instructions to assist the complainant to deal with his immigration affairs after his colleague Ms Aasa had been representing the complainant. [2] There is no dispute that Ms Aasa represented the complainant poorly and failed to inform him of what had happened. Mr Tan was engaged in the instructions from an early stage, as he personally met with the complainant when Ms Aasa first accepted instructions. However, this was in his capacity as a proprietor of the practice. He w...

7. [2021] NZACC 74 - Brown v ACC (17 May 2021) [pdf, 350 KB]

   ...Her back locked up when she was in the car. The G.P. noted “13 years since hurting it in the Gym, hurts more when she tried to stand up from sitting position”. She took Gabapentin but it had not made any difference to the pain. An ACC claim form was filled out on the same day and it noted a diagnosis of Lumbar Sprain. [6] On the same day Ms Brown saw David Bullen a physiotherapist at Back in Action. He noted that the pain was worse in the mornings. A diagram in h...

8. [2019] NZEmpC 191 Rachelle v Air New Zealand Ltd [pdf, 448 KB]

   ...grievance could not arise in those circumstances because an employment relationship did not exist at that time. The second, more fundamental, reason was that Mr Holman did not accept he had promised to conduct an investigation as Ms Rachelle had requested. I accept his evidence. [47] Finally, and for completeness, Air New Zealand did not accept that there was any improper reason or motive to employ permanent staff ahead of Ms Rachelle. Implicit in the company’s decision was tha...

9. [2019] NZEmpC 192 Johnson v Chief of the New Zealand Defence Force [pdf, 394 KB]

   ...1 Johnson v New Zealand Defence Force [2019] NZERA 267. staffed. Despite relevant directives, a year and a half later, the capability was less than one quarter staffed and losing personnel faster than it was possible to train them. Requests for staff continued unanswered or were ignored. [10] The author stated that over 20 million dollars had been spent on the project, and it was well on the way to being declared operational. However, lack of staff would torpedo the ca...

10. [2020] NZREADT 34 - Hammond v Real Estate Agents Authority (11 August 2020) [pdf, 386 KB]

    ...works completed. She submitted that the fact that they had not been completed was withheld from her, as she did not see the David Jones letter until she received the Bundle of Documents for the appeal. She submitted that despite repeated requests, the appellants were never provided with the full EQC documentation, or sign- off documents. [51] Mr Todd submitted that the evidence before the Committee was that at the time she advertised the property in January 2019, Ms Tafilipepe...