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1. TD & LD v GP & Q Ltd [2023] NZDT 377 (28 July 2023) [pdf, 204 KB]

   ...booked with [website] rather than directly through Q Ltd. I am satisfied that TD and LD are entitled to bring a claim against Q Ltd rather than [website]. This is because [website] is Q Ltd’s booking agent and, under the law of agency, a contract formed between Q Ltd and TD and LD when they made the booking through [website]. Was the booking contract frustrated? 6. If the contract between the parties does not contain a provision about what happens if performance is prevented (c...

2. [2021] NZEmpC 183 Stenhouse v Towman Towing Group Ltd [pdf, 303 KB]

   ...requiring her to work from home rather than the company’s office. (c) Did Towman prevent her from carrying out work for it by restricting access to the company’s email, stopping access to relevant accounting, invoicing and payroll systems and information and not providing her with the necessary equipment to work. (d) Revisiting issues that had been resolved in June 2018 in a disciplinary meeting in January 2019. [9] Ms Stenhouse’s claim for unjustified dismissal was unsucc...

3. KD v M Ltd [2024] NZDT 363 (11 June 2024) [pdf, 196 KB]

   ...conducts a business selling both new and pre-loved bridal dresses through “popup” events. Prospective buyers register for the events booking one hour fitting appointments paying $65 for an hour. They are required to fill in on line a Preparation Form providing personal details and acknowledging they must “choose your dress carefully as we do not issue refunds or exchanges if you have changed your mind/gained or lost weight.” 2. KD purchased a dress at a popup event held in [Ci...

4. EN & MN v U Ltd [2022] NZDT 284 (7 October 2022).pdf [pdf, 197 KB]

   ...the cracked benchtop with the same sort. The new benchtop does not match the remaining benchtop. The applicants are claiming for the cost of replacing the cracked bench top and the cost of a new matching bench top. 6. It was not disputed that a former company called S produced the original benchtop and that it was 6mm to 8 mm thick with a backing board. It was a benchtop veneer as an alternative to expensive benchtops which are traditionally imported from [Country]. 7. The benchtop...

5. [2006] NZEmpC AC 74/06 Sandifer v Plumbers Gasfitters & Drainlayers Board NZ [pdf, 34 KB]

   ...the defendant as to the plaintiff’s ability to work are of some substance because the plaintiff has not taken the opportunity extended to him of refuting them. [23] However because of the indication of the lack of income disclosed by the tax forms I am prepared to reduce the amount of the award sought by the defendant in order to provide some realistic response to the plaintiff’s claims of impecuniosity. I therefore order the plaintiff to pay $4,000 as a contribution towards the...

6. 2020 archive

   ...cases will be heard at the Levin District Court. Providers should claim travel expenses in accordance with the Grants Handbook (link). Legal aid applications and assignment of casesPlease continue to specify Levin District Court on relevant application forms.Providers on the assignment lists for Levin District Court will continue to be assigned on a rotational basis, as per current practice.Thank you for your co-operation and patience while this work was undertaken. Invoicing for Parole Proceed...

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7. Cambie v ACC [2012] NZACA 7 [pdf, 72 KB]

   ...the medical misadventure for which cover was sought was alleged as being caused by medical error, or medical mishap. [3] With respect to the application for leave to appeal out of time, the grounds are, in summary, that there is new medical information in the form of a medical report by Dr Garesh Kanji which provides strong support for the appellant’s claim, that was not available until 2007; the Corporation contributed to the delay from that time, and there is no prejudice as the...

8. Mitchell v Corrections [2023] NZHRRT 18 [pdf, 204 KB]

   ...Britton, at the 1 This decision is to be cited as Mitchell v Corrections [2023] NZHRRT 18 (Note publication restrictions). IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 18 I TE TARAIPIUNARA MANA TANGATA 2 request of the Parole Board. Later that year the New Zealand Police (the Police) requested the [medical] assessment to assist them in preparing a plan to manage the risk of harm to Police staff if Ms Mitchell was released. After consultatio...

9. [2013] NZEmpC 131 Young v Bay of Plenty DHB [pdf, 83 KB]

   ...bankrupt on the application of the defendant on 19 November 2012. Whilst his personal grievance was before the Court, on 6 May 2013 the Official Assignee filed a “Notice of discontinuance” which stated materially: “To the extent that the claim vests in the Official Assignee in bankruptcy of the property of Roderick John Young, the Official Assignee discontinues the claim.” [3] Although it is not determinative of the case, the legislation does not provide for the filing o...

10. CJARS-claim-form-Jan24.pdf [pdf, 530 KB]

    For more information visit www.justice.govt.nz/tribunals Criminal Justice Assistance Reimbursement Scheme Z Page 1 For more information visit www.justice.govt.nz/tribunals CJARS 06/09 - 1 Claim Form What is this form for? Use this ‘Claim Form’ if you are: • A witness or you assisted in the administration of justice. For example: • You reported a crime or gave information to the police in a criminal case that is punishable by imprisonment; and • you suffered material loss or d...