Search Results

1. BP & EP v H Ltd [2024] NZDT 290 (9 May 2024) [pdf, 92 KB]

   ...Director of H Ltd, H, submits that the overarching principle in contractual interpretation is determining the meaning that the document would convey to a reasonable person having all the background knowledge available to the parties when the contract was formed. The ordinary and natural meaning of the words are a powerful indicator of what the words mean. 7. H says that on 23 March 2022 he explained all clauses in the contract, including Part 7, to BP and EP, in person. He recommended...

2. [2017] NZEmpC 33 NZ Meat Workers and Related Trades Union Inc and Anor v AFFCO NZ Ltd [pdf, 208 KB]

   ...obtained instructions, on 23 November 2015 Mr Wicks confirmed that all members who were seasonally laid off at the end of the previous season and who had to yet to be re-employed, would be re-engaged on the terms of the based-on iea. The Union was requested to confirm the names of the members who wished to be re-employed. At this stage, no reference had been made to the possibility of members at Wairoa being re-employed only on a night shift. A response was sought by 27 November...

3. [2007] NZEmpC CC 21/07 Gorrie Fuel (SI) Ltd v Gittoes [pdf, 108 KB]

   ...that assists in the efficient day to day operation of the service station. [10] The rate of pay for the position was recorded as $23.50 per hour. The agreement also provided: Hours of Work. The position is that of an on-call employee to perform work as and when requested by the employer. Hours so worked shall be paid at the rate above, for each hour worked, with a minimum payment of one hour. The hours of work to be worked are between the hours of 6.00am and 11.00pm Monday to Su...

4. [2021] NZACC 50 - Astle v ACC (17 March 2021) [pdf, 224 KB]

   ...with some subarticular stenosis at L4/5. In summary: I think in the first instance Adele would benefit from some continued core strengthening exercises. We will trial some medial branch blocks and if this is successful we can progress onto requesting some nerve ablation type treatments for the anterior rami. The chances of this being successful I think are at least moderate and the more definitive type of management for this problem would involve an L3/4 and L4/5 anterior lumb...

5. [2022] NZEmpC 131 Farrand Orchards Ltd v Tane [pdf, 342 KB]

   ...occurred three years ago. Both were certain that their respective descriptions of events were correct, but each also made corrections to that evidence. [36] Two examples will suffice. Mr Farrand initially said Mr Tane had sent him an email requesting a copy of an employment agreement on 16 March 2019. He had thought this email was the means by which an issue had arisen as to whether Mr Tane would or would not rent orchard accommodation. Subsequently, he acknowledged th...

6. Cross v Accident Compensation Corporation (Claim for personal injury, revocation of cover) [2024] NZACC 58 [pdf, 277 KB]

   ...Held at: Wellington/Whanganui-a-Tara by AVL Appearances: M Williams for the Appellant T Lynskey for the Accident Compensation Corporation (“the Corporation”) Judgment: 8 April 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 20, 25, revocation of cover – s 65(1), Accident Compensation Act 2001 (“the Act”)] Introduction [1] The following appeals are lodged by Mr Cross: (a) ACR 144/22: lodged against the Reviewer’s decision...

7. Finn and Anor as Trustees of the Angela Poynter Trust v Chen [2011] NZWHT Auckland 40 [pdf, 261 KB]

   ...installed by a previous owner. Having lifted a section of the capping to the parapet wall they both discovered that the parapet wall tops were horizontal and finished with the texture coated fibre cement. Destructive testing confirmed that no form of underlining waterproofing membrane had been provided. As a consequence, the parapet wall tops (prior to the metal cappings being installed) were reliant upon a paint finish for waterproofing and this is a detail that lacks longevit...

8. Waitangi Tribunal - District 11 Wairarapa [pdf, 2.3 MB]

   ...coast at the mouth of the Waimata River, just south of Te Poroporo (Cape Tumagain), extending to the Manawatu River at its southern reach before entering the gorge. This is an area of about two million acres.! It is unlikely that the described region formed a distinct unit in Maori times. The mountains in the east and coast in the south are clear-cut, but the exact northern line was merely the result of colonial administration boundary drawing. There was also considerable movement through...

9. D Ltd v M Ltd [2025] NZDT 146 (12 May 2025) [pdf, 99 KB]

   ...the installation of a new sensor and sent M Ltd an invoice. M Ltd replied that this work was not authorised, and it did not accept responsibility for paying the invoice. 8. The issues which the Tribunal must resolve are: a. Was there a contract formed between M Ltd and D Ltd entitling D Ltd to payment? b. If yes, was the scope of that contract limited to investigating and advising why the alarm was not triggered by the break in or was additional work, to install a new sensor in a dif...

10. [2007] NZEmpC AC 27/07 Prins & Anor v Tirohanga Group Ltd (formerly Tirohanga Rural Estates Ltd) [pdf, 36 KB]

    PRINS AND ANOR V TIROHANGA GROUP LTD (FORMERLY TIROHANGA RURAL ESTATES LTD) AK AC 27/07 16 May 2007 IN THE EMPLOYMENT COURT AUCKLAND AC 27/07 ARC 12/03 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN JUDI DAWN PRINS AND FRANCISCUS CORNELIUS JOHANNES PRINS Plaintiffs AND TIROHANGA GROUP LIMITED (FORMERLY TIROHANGA RURAL ESTATES LIMITED) Defendant Heari