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  1. XH v T Ltd [2024] NZDT 410 (2 May 2024) [pdf, 199 KB]

    ...NZSC 53 (Honey Bees) the Supreme Court said that: “A clause stipulating a consequence for a breach of a term will be an unenforceable penalty if the consequence is out of all proportion to the legitimate interests of the innocent party in performance of the primary obligation” and “Determining whether or the impugned clause is an unenforceable penalty requires an objective exercise of construction, notionally undertaken at the time of the contract formation, and by refe...

  2. KH v N Ltd [2024] NZDT 420 (4 March 2024) [pdf, 142 KB]

    ...shipping line, was $20,355.96 (“excludes clearance, cartage, [Country] handling etc”); c) in reliance on that “indication”, the applicant purchased the motor home; CI0301_CIV_DCDT_Order Page 2 of 4 d) the respondent then informed the applicant that the particular shipping line was not available and offered two alternative freight service options; e) the applicant accepted option one being: “$24K approx. excluding NZ arrivals and clearances. Expect another $...

  3. OD v Q Ltd [2024] NZDT 422 (14 May 2024) [pdf, 112 KB]

    ...opened [laptop] and unopened SSD card to his local branch of Q Ltd within two weeks, obtaining a receipt from Q Ltd to confirm that it has received these things. Referee: L Thompson Date: 14 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...

  4. Herewini - Maungaroa No.1 Section 23K (Keterau) (2013) 85 Waiariki MB 141 (85 WAR 141) [pdf, 76 KB]

    ...kim@pottshodgson.co.nz mailto:kim@pottshodgson.co.nz� 85 Waiariki MB 142 Introduction [1] This matter concerns a dispute over the ownership of a dwelling upon the Maori freehold land block, Maungaroa No. 1 Section 23K (“Keterau”). The applicants claim they have occupied the dwelling since 1989. Their possession is challenged by some of their whānau. Background [2] Keterau comprises 0.8473 hectares and is situated on State Highway 35, between Opotiki and Te K...

  5. Wetini v Hunia - Matatā Parish 39A4 (2011) 38 Waiariki MB 244 (38 WAR 244) [pdf, 77 KB]

    ...directed to attend to the engagement of Mr McKechnie and his instructing solicitors, McKechnie Quirke and Lewis, of Rotorua as soon as possible. The issue of counsel had been discussed with the trustees through the case manager and their first request was Mr Armstrong of Aurere Law but he had to decline due to a conflict of interest. 38 Waiariki MB 247 Trustee relationships [13] Then there is the issue of the relationships between the current trustees and, as the transcrip...

  6. 2017 NZSSAA 015 (20 Aprill 2017) [pdf, 96 KB]

    ...income was more than $0.37 above what it was when the $40 figure was set. Therefore, the Ministry concluded that it was necessary to confirm Mr XXXX’ income to establish the correct rate. (iii) On 21 June 2016, the Ministry wrote to Mr XXXX and requested that he provide: a. a copy of his ACC payment schedule for the last six months, or;; b. a letter from ACC reporting on his income, or; c. written authority for the Ministry to contact ACC directly so the Ministry could obtai...

  7. 2017 NZSSAA 030 (27 June 2017) [pdf, 98 KB]

    ...gross income of $35,365 and expenses totalling $38,059. The case for Mr XXXX [4] It is Mr XXXX’s position that he has provided all information required by the Ministry. He asserts that it is not necessary to provide audited accounts as requested by the Ministry. He states that he has provided the most relevant accounts however at hearing Mr Howell accepted that certain pages of the financial statements were withheld from the original documents but said the missing pages f...

  8. [2016] NZEmpC 73 Hill v Tex Onsite Ltd [pdf, 104 KB]

    ...but has declined to do so. Rather he has filed a challenge to the Authority’s determinations and has applied for a stay. The application is opposed by the company. The parties agreed to the application being dealt with on the papers, and requested that it be determined prior to a Judicial Settlement Conference which is currently scheduled for 5 July 2016. Approach [3] A challenge does not operate as a stay unless the Court so orders. 3 The discretion is wide but must be...

  9. Consolidated Practice Directions 2016. [pdf, 139 KB]

    EMPLOYMENT COURT PRACTICE DIRECTIONS October 2016 Except to the extent that former Practice Directions are hereby revoked, these directions will apply in addition to those previously issued and which may be conveniently found on the Employment Court’s website at: http://www.employmentcourt.govt.nz/legislation-and-rules 1. Full Courts 1. Pursuant to s 209 of the Employment Relations Act 2000 the Chief Judge may direct that a full Court of three or more Judges shall hea

  10. [2019] NZEmpC 34 Emmerson v Northland District Health Board [pdf, 908 KB]

    ...patients’ physical health needs undertaken by Dr Emmerson created friction. [27] Ms Wilkins shared her concerns with Dr M and the Acting Unit Manager, Ms Donna Kiwikiwi; she complained about the way she was being treated by Dr Emmerson. She requested a change in role. However, Ms Wilkins did not wish to formalise her concerns by making a complaint. [28] Dr M said she met with Dr Emmerson, who claimed to have no idea why the issues had been raised. Dr Emmerson says there...