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1. [2024] NZREADT 38 – TX v REAA (22 October 2024) [pdf, 161 KB]

   ...managed the premises on behalf of the landlord. [4] On 3 April 2019, TX and the landlord entered into a lease agreement for the premises (the lease agreement) which included clause 27.5 (no access in emergency). [5] On 9 July 2020, LI emailed TX requesting payment of unpaid invoices for the premises of $3,064.77. [6] On 21 July 2020, Ms N, who was LI’s assistant, emailed TX attaching a statement noting that in April and May 2020 TX had received a reduction in rent but from June...

2. [2020] NZEmpC 126 McCook v Chief Executive of the Inland Revenue Department [pdf, 228 KB]

   ...materials on the grounds of relevance was ill-founded, as was its objection as to oppressiveness. (e) I then indicated that an order as to disclosure of the training materials would have to await the disposition of the TAA point on which I had requested further evidence and submissions. [3] Those materials were duly filed. It was confirmed that Ms Amanda Rapley, corporate counsel for IR, and Mr Paul Gillespie, junior counsel for IR, held the necessary delegations from the...

3. L Family Trust Limited v KM [2021] NZDT 1319 (24 February 2021) [pdf, 199 KB]

   ...wall to its original colour. 16. However, I am unable to make a finding that Mr M must contribute to the painting of the fence. It is common to leave a timber fence unpainted. The building report notes that “the treated timber fence will perform its purpose without a paint coat, however, the paint cost will aid in preventing the timber from twisting and splitting from UV exposure”. 17. The fence has a build up of some moss and lichen. However, this can be waterblasted or spr...

4. D Ltd v Q Ltd [2025] NZT 36 (7 February 2025) [pdf, 121 KB]

   ...“looking at” being consistent with an estimate rather than a promise, and the absence of any clause in the signed agreement regarding timing. 6. Alternatively, the purchaser submitted that the response was misleading because it withheld relevant information, specifically that the tenants had not been given notice to leave prior to the contract, and that the owner had not obtained finance to develop his land. However, the tenants were family members who did not need to be given notice...

5. LB & TB v BU Ltd [2024] NZDT 612 (29 August 2024) [pdf, 105 KB]

   ...the purposes for which goods of the type in question are commonly supplied. 5. In the present case, the Applicants state that they purchased a kitset cabin to be installed on their property from the Respondent. The Applicants state that the information on the cabin, on the Respondent’s website stated that the kitset was easy to assemble and could be done as a DIY project or by a builder or tradesperson. 6. The Applicants were provided with the written instructions for the insta...

6. MD v U Ltd [2024] NZDT 578 (30 July 2024) [pdf, 101 KB]

   ...someone in the organization that worked on MD’s job. U Ltd is liable to pay MD for the loss he has suffered from U Ltd’s services. Referee: B M Smallbone Date: Tuesday, 30 July 2024 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...

7. Edwards - Whakatohea (2018) 181 Waiariki MB 121 (181 WAR 121) [pdf, 247 KB]

   ...the Act.1 [2] As part of interlocutory proceedings, I convened a judicial conference with the parties on 31 January 2018.2 During that conference, Ms Sykes, counsel for Mr Rakuraku (supported by John Te Rehita Pio and members of Ngāti Irapuaia) requested the Court make a determination regarding the s 30 order and its effect. Ms Sykes requested that the determination take place before the substantive hearing of the review. [3] Crown counsel and counsel for the applicant suggested...

8. [2011] NZEmpC 106 NZ Meat Workers and Related Trades Union Inc v AFFCO NZ Ltd [pdf, 142 KB]

   ...parties during the bedding in period. We will also be available on Monday to meet with company representatives regarding the beef operation. Eric The staff meeting [25] The evidence was that the beef workers were contacted by the company and requested to report for work on Monday, 3 November 2008. A union witness told the Court that upon any start-up there is an induction session involving discussions about compliance issues and, at the same time, workers are issued with their...

9. [2014] NZEmpC 79 Brook v Macown Gainsford Crozier and Kennedy [pdf, 132 KB]

   ...Further, and as Mr Brook accepted, he failed to take any steps to find alternative work after his termination. [64] Difficult issues also arose as to the extent to which delegates of the Council could be held personally liable for Mr Brook’s claims, which had accrued over a number of years, particularly in circumstances where they received instructions from their member organisations on how they were to cast various votes. I do not need to reach a concluded view on these matter...

10. [2010] NZEmpC 125 Behan-Kitto v New Zealand Post Limited [pdf, 26 KB]

    ...recorded in writing. She submits that Mr Behan-Kitto was aware of both the reason for the fixed term nature of his employment and the way in which it would end. The Authority’s finding of technical non-compliance turned on the fact that this information was not contained in the body of the employment agreement as the statute requires. It found, however, that because there was a variation to an earlier form of agreement which did comply with the statute, there was no breach. [...