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1. [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...

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. 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...

4. 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...

5. 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...

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. [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...

8. 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...

9. IS v TM [2023] NZDT 270 (25 May 2023) [pdf, 186 KB]

   ...amount of rubbish from the property at her own expense, and had done a significant amount of cleaning, leaving the place tidier than when she moved in. She also argued that she had no obligation to cover the cost of another room, that had belonged to a former flatmate. CI0301_CIV_DCDT_Order Page 2 of 4 7. I accept that there was no agreement or obligation for IS to contribute to another room that she was not renting. While she did have an obligation to contribute to the clean up p...

10. NC & DC v T Ltd & HG [2023] NZDT 222 (19 May 2023) [pdf, 198 KB]

    ...NC and DC $3100.25 on or before 5pm on 19 June 2023. 2. HG is struck off this claim. Reasons 1. The first hearing was adjourned. After that hearing, T Ltd and HG contacted the Tribunal and requested that I make a decision based on the information provided in the first hearing and the file. NC and DC agreed to that request. 2. Both parties told me they understood and accepted I would not take into consideration any further evidence or information and there will not be anothe...