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1. McQuade v Young & Ors as Trustees for the Maureen Young Family Trust [pdf, 136 KB]

   ...1.7 Between the time of the preliminary teleconference and the hearing further teleconferences were held and I was required to issue twenty-two Procedural Orders to give directions under s 36 of the WHRS Act and to rule on applications and requests by the parties and to assist in preparations for the hearing 1.8 During the course of the process respondents joined to the adjudication pursuant to s33 of the WHRS Act were Bulleyment-Fortune Architects Limited, Boyd Aluminium L...

2. Te Manutukutuku Issue 9 [pdf, 2.7 MB]

   ...Trust and leased to Government Property Services (GPS). The claimants were concerned that sub-leases were being made by Government Property Services at rents well above that being paid the Maori owners. The Tribunal accepted the claimants' request that urgency be given and a hearing was held at Te Tatou 0 to Po marae, Petone, in late March, 1991. The Tribunal consisted of Mr Bill Wilson, the presiding officer, Bishop Manuhuia Bennett, Mrs Georgina Te Heuheu and Professor Gordon...

3. [2023] NZEmpC 56 Te Whatu Ora – Health New Zealand v Public Service Association, Te Pūkenga Here Tikanga Mahi [pdf, 471 KB]

   ...interim payment might be attached – would work across the Allied groupings given the potentially different findings and timings of commencement which could transpire for the various roles involved. [33] Going on to discuss the resourcing request, he said this was challenging, given the pay equity claim had been raised in respect of more than 100 listed jobs. He also said the DHBs were currently providing significant resources to the pay equity claims. However, he would take...

4. BQ BQB v YJ Ltd [2015] NZDT 799 (1 June 2015) [pdf, 161 KB]

   ...that YJ Limited was given notice of the assignment and did not protest the same nor raise any issues as to the extent of what it would or would not recognise as being assigned by any deed. I have not been persuaded YJ Limited’s ‘silence’ can form the basis of an actionable misrepresentation or that YJ Limited had an active obligation to disabuse parties of any erroneous beliefs they may have formed as to the availability of entitlements under the policy. If it w...

5. Te Manutukutuku Issue 22 [pdf, 2.7 MB]

   ...legal headway made in the Mabo decision. Professor Sorrenson gave a history of the status of the Treaty of Waitangi, offering tentative 'lessons' for Aus­ tralia from the New Zealand experience. Copies of these papers are available on request from the tribunal's office. NEW WAITANGI TRIBUNAL REPORTS available Te Ika Whenua - Energy Assets Report 1993 (Wai 212) This 79 page report is a full discussion of the issues raised in the six page report concerning the Ani­...

6. LCRO 117/2022 VN v SC (16 May 2024) [pdf, 216 KB]

   ...actually paid for. [16] The respondent forwarded this email to Mr DS and Ms WT stating: My clients response – his points appear valid. We don’t even have the names of the patients. [17] The applicant said that Company B subsequently lodged two claims in the [Tribunal], one against Company A regarding the treatment of the retention fund and the other against Mr DS for breach of an alleged undertaking. The fact of the second claim was not evident until this review application wa...

7. MU v QT Ltd [2024] NZDT 210 (4 March 2024) [pdf, 104 KB]

   ...in MU’s submissions, serves as a warning that any vehicles parked on the premises without authority will be issued a breach notice and will be liable to pay an infringement fee. There is no offer of parking services, and the elements required to form a contract are not met. 8. I note that MU’s submissions reference the Disputes Tribunal decision of OX v QT2 which is published on the Ministry of Justice website as a ‘Decision of Interest’. This decision is one of my decisions....

8. DR v BU Ltd [2022] NZDT 199 (22 November 2022) [pdf, 135 KB]

   ...respondent or as a result of a call to the respondent by the owner of the carpark or the person who holds a permit to park there. 8. The applicants raised several arguments that there were inconsistencies about the way the tow was conducted and the information they were given after the tow. While this may have been the case, this did not negate the respondent’s right to tow the applicants’ car from private land. 9. The applicants also told the Tribunal that the respondent had a g...

9. LCRO 40/2021 PT v UT and RL t/a Law Firm A (28 April 2022) [pdf, 266 KB]

   ...Mr HT. [3] Mr HT set up a trust, the CTG Trust (“the trust”). At the time the trust was established (2005), Mr HT was a client of a [City A] based law firm, [Law Firm B]. 2 [4] In 2014, [Law Firm B] merged with the firm [Law Firm C], to form the firm [Law Firm A] ([LAW FIRM A]). [5] In December 2011, Mr HT had executed his last will and testament. Mr HT’s will appointed Mrs YW (his wife) as a discretionary beneficiary of his trust. [6] [LAW FIRM A] acted for Mr SZ and...

10. NH & RL v A Ltd [2024] NZDT 873 (15 November 2024) [pdf, 174 KB]

    ...either of them to cancel the contract? If neither party breached the terms of the ASP so as to give rise to a right to cancel the contract, then did they enter into an Agreement on or about 31 August 2023 to cancel the contract? 4. A contract is formed when there is an offer and acceptance, there is consideration between the parties, and the parties intend to be legally bound. The terms of a contract must be known and agreed to because the terms of a contract set out the rights and obli...