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1. 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...

2. Moeahu v Winitana - Waiwhetu Pa No 4 (2013) 310 Aotea MB 172 (310 AOT 172) [pdf, 214 KB]

   ...investigation of the trust’s finances and approval processes be completed. Stephen Bell of KPMG, Auckland was commissioned to complete the forensic review by letter of engagement dated 8 June 2012. The report was completed by KPMG in draft form on 6 September 2012 and circulated to the trustees for their information and comment. [11] The substantive hearing was held on 18 January 2013. 6 Mr Winitana, through counsel, filed detailed written submissions. Mr Moeahu disputed the...

3. [2014] NZEmpC 168 New Zealand Airline Pilots Association v Air New Zealand Ltd [pdf, 185 KB]

   ...24.2 During the term of this Agreement any agreement entered into by the Company with any other pilot employee group which is more favourable than provided for in this Agreement will be passed on to pilots covered by this Agreement on the written request of the Association. [5] The current NZALPA collective agreement came into force on 5 November 2012 and will continue in force at least until its expiry on 4 November 2015. Among other provisions, the NZALPA collective agreement set...

4. ZF v XC LCRO 266/2013 (19 February 2015) [pdf, 103 KB]

   ...of Mr AB’s death was one half of the net proceeds of sale. [32] After a period during which there was no further correspondence, proceedings were issued by Mr AB’s children in January 2012. [Firm B] did not have a litigation team and Ms GA requested authority from Mrs XC’s family to seek a second opinion from Ms MT of [Firm C). [33] It would seem Ms MT then acted directly for Mrs XC and the matter was ultimately settled. The terms of settlement are unknown but from a brief r...

5. [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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...