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. [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...

3. [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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. [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...

10. 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...