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1. [2024] NZEmpC 28 Keighran v Kensington Tavern Ltd [pdf, 250 KB]

   ...and beyond” to ensure that it was a success.1 It is equally evident that Mr Keighran did not feel as though his efforts were being sufficiently reflected in his pay, which was $23 per hour. On 25 July 2020 he sent an email to Mrs McLean-Woods requesting a pay rise by way of a weekly/monthly bonus based on a percentage of the turnover for that period. Mrs McLean-Woods took time to consider the request, and advised Mr Keighran that it was declined. [5] An incident occurred on 26...

2. Director of Human Rights Proceedings v Slater [2019] NZHRRT 13 [pdf, 717 KB]

   ...recurring theme in the Director’s oral submissions was that when the Privacy Act was enacted in 1993 Parliament did not have blogs in mind and for that reason the media exemption did not apply to them. The benefit of the exemption only attaches to forms of media subject to statutory or voluntary regulation which prescribes minimum standards regarding accuracy, balance, fairness and associated ethics. [41] The point has perhaps been best expressed by the Law Commission in The News Medi...

3. Retto v Standing [2012] NZIACDT 47 (30 August 2012) [pdf, 117 KB]

   ...he had agreed to provide. [5] Mr Retto came to New Zealand to try and resolved these issues. He met with Mr Standing and concluded he was not providing the services he agreed to provide. [6] Mr Retto terminated Mr Standing’s engagement, and requested that Mr Standing refund the money he had paid. Mr Standing ignored the requests. [7] The evidence provided grounds for potentially taking the view that Mr Standing dishonestly misrepresented to Mr Retto he could provide him with the o...

4. QC v-DH Ltd & DN & MS [2021] NZDT 1601 (24 June 2021) [pdf, 176 KB]

   ...important is the meaning it conveys; the intention of the representor is irrelevant. The misrepresentation must have been made to the applicant. 6. The statement made by the respondent to the applicant was that the amount of time required to perform the raking and rolling services would be four hours for two workers. This time requirement represented was four times the actual time required to carry out the services. I am satisfied the representation of the required hours did contain a m...

5. XC v UD [2023] NZDT 766 (8 December 2023) [pdf, 203 KB]

   ...evidence that it will take an estimated $7,000.00 to bring the vehicle into the condition represented by UD, thus being the difference in value. Referee: L. Mueller Date: 8 December 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...

6. EN & QN v C Ltd [2024] NZDT 581 (23 August 2024) [pdf, 205 KB]

   ...working and had no assurance it would work and they accepted the risk the clock may not able to be made to work. For these reasons I must dismiss the claim. Referee: C Murphy Date: 23 August 2024 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...

7. DC & EC v KI [2025] NZDT 18 (17 January 2025) [pdf, 120 KB]

   ...are: a. Has there been a breach of contract by KI? b. If so, what remedy is appropriate? Has there been a breach of contract by KI? CI0301_CIV_DCDT_Order Page 2 of 4 6. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A breach occurs when one party does not do something they agreed to do. 7. I find KI breached the contract by failing to provide th...

8. Waitangi Tribunal - Te Paparahi o Te Raki - statement of issues for stage 2 [pdf, 595 KB]

   ...this impact on the ability of Te Raki Māori to exercise their tino rangatiratanga? e. In what ways has the Crown asserted their kāwanatanga over Te Raki Māori and what was the response of Te Raki Māori to this? f. What was the nature of any forms of autonomy sought by Te Raki Māori, such as within rūnanga or movements such as Kotahitanga? g. How did the Crown engage with any such proposals or entities? By what other means did Te Raki Māori attempt to engage politically with th...

9. [2019] NZEnvC 184 Ngati Whatua Orakei Whai Maia Limited v Auckland Council [pdf, 25 MB]

   ...the Principal Environment Judge directed that the application for declarations be adjourned, and the preliminary question proceed to hearing. Counsel were directed to endeavour to agree questions for determination and a factual matrix as a platform. The question before the Court [9] The parties agreed the following question: Does the Environment Court.3 have jurisdiction to determine whether any tribe holds primary mana whenua over an area the subject of a resource consent applica...

10. McKinney v Cassidy [pdf, 259 KB]

    ...Mr Mark Miller, a building inspector and consultant, called by the Council; • Mr Greg Cassidy, the first respondent. 1.7 A brief of evidence was filed by Mr Clint Smith, a building consultant called by the Council. Whilst Mr Smith did not formally give his evidence on oath (due to an oversight of mine) he participated in the experts’ conferences and made useful comments on quantum with the consent of all parties present. 1.8 In the morning on the first day of the hearing...