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1. EO v D Ltd & MQ [2024] NZDT 532 (5 July 2024) [pdf, 204 KB]

   ...pay EO the sum of $1416.00 on or before 26 July 2024. Reasons: 1. D Ltd held a New Years Eve event at its restaurant [at location]. SH, D Ltd’s’s Hospitality and Marketing General Manager, contacted EO with a request for his [band] to perform at the event. EO and SH agreed a price and number of sets over a series of emails. D Ltd then paid a deposit to confirm the booking. The band performed at the event and invoiced for their attendance. D Ltd challenged the invoice and has made...

2. QI v KI & L Ltd [2024] NZDT 629 (11 July 2024) [pdf, 188 KB]

   ...their dealings with QI? (b) If so, what is the appropriate order? (c) Is QI entitled to his filing fee? 5. QI attended the hearing via teleconference. KI is currently incarcerated. The Tribunal phoned KI in prison (pre-arranged) and when I informed him that QI was on the line KI stated, “I have nothing to say to him” and the call was disconnected. 6. The absence of a party does not prevent a claim from being heard and determined. Did KI and L Ltd engage in misleading or decep...

3. ES v D Ltd [2024] NZDT 370 (31 May 2024) [pdf, 176 KB]

   ...shall not be awarded against a party to any proceedings before a Tribunal. 11. Therefore the amount payable by the supplier to the consumer is $690.00. Referee: E Paton-Simpson Date: 31 May 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 a re...

4. NI v C Ltd [2024] NZDT 412 (22 April 2024) [pdf, 183 KB]

   ...transporting a tractor-style ride-on lawn mower from [City 1] to [City 2]. The dispute arose because the dimensions of the mower given to C Ltd to price the cost of transport were incorrect. There is no suggestion of blame on NI as he had relied on information given to him by the person he purchased the mower from. 2. The effect of the discrepancy in the dimensions meant that rather than being 5.18m3, the mower was actually 13.87m3. This changed the cost of transport from $1,219.00 to...

5. UI v Q Ltd [2023] NZDT 553 (6 March 2023) [pdf, 194 KB]

   ...set out in its Terms and Conditions. However, the provisions of the CGA cannot be contracted out of, and they apply irrespective of the cancellation policy. Referee: JF Tunnicliffe Date: 6 March 2023 Page 4 of 4 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 r...

6. Puohotaua v Paranihi - Rakato and Part Rakato B Māori Reservation (2024) 486 Aotea MB 31 (486 AOT 31) [pdf, 284 KB]

   ...Whakataunga: Judgment date 13 June 2024 TE WHAKATAUNGA Ā KAIWHAKAWĀ A H C WARREN Judgment of Judge A H C Warren 486 Aotea MB 32 Hei Tīmatanga Introduction [1] Shelly Puohotaua requests that I should recuse myself from sitting on an application she filed under s 240 of Te Ture Whenua Māori Act 1993 (the Act), seeking to remove all responsible trustees of the Rakato B Māori Reservation Trust (the removal application).

7. CK v HC & KD [2024] NZDT 537 (11 June 2024) [pdf, 169 KB]

   ...goods or services.” 9. It has previously been held that a person who makes a one-off sale of goods (such as selling a used piece of jewellery on Trade Me) it is not in trade but a private seller, but it can be unclear at what point a person transforms from private seller to being in trade. Factors that should be considered are the nature of the transaction, the total number of sales, the amount of income received from the sales, the number of yearly sales and income from the source....

8. Watson v Capital and Coast District Health Board [2015] NZHRRT 27 [pdf, 199 KB]

   ...27 page typewritten Response to Complaint dated 14 January 2013. She was also interviewed on 16 January 2013, the interview notes being transcribed and compiled into a 7 page document called “Meeting Notes”. [4] On 24 January 2013 Ms Watson requested access to the Response to Complaint and to the Meeting Notes. By email dated 1 February 2013 that request was declined by the CCDHB on the grounds the documents were confidential. The CCDHB relies on s 29(1)(a) of the Privacy Act 1993...

9. 2017 Decisions of public interest

   ...constitutes important issue of law considered - important of law established -  application granted. [2017] NZEmpC 156 Coomer v JA McCallum and Son Ltd (Judgment of Judge K G Smith, 8 December 2017) COSTS – SUCCESSFUL PARTY – unjustified disadvantage claim successful at Authority – constructive dismissal claim dismissed – wages claim unsuccessful – successful party awarded costs but reduced to recognise partial lack of success – plaintiff achieved success only through lodging c...

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10. [2013] NZEmpC 38 Taiapa v Te Runanga O Turanganui A Kiwa Trust t/a Turanga Ararau Private Training Establishment [pdf, 117 KB]

    ...Waka Ama Championships were held at Rotorua. Mr Taiapa’s domestic partner, Cath Deacon, sought the defendant’s approval to Mr Taiapa taking five days’ leave from Monday 28 March to Friday 1 April 2011. The reason for the lateness of this request (made two working days before the start of the leave requested) was said by Ms Deacon to have been because CYFS had required Mr Taiapa and Ms Deacon to take a week’s leave before the end of March 2011 from running their CYFS home....