Search Results

1. ADU v ZWG Ltd [2013] NZDT 223 (7 June 2013) [pdf, 63 KB]

   ...the hirer or any driver named in the Agreement. [10] There are also Conditions of Campervan Hire set out on ZWG Ltd’s website. A copy of these conditions was given to ADU prior to the hire and it is agreed that these conditions also form part of the hire. The relevant section is headed “Mechanical Failure” wherein it states that damage to the clutch due to false handling of the campervan is to be paid by the customer. [11] It seems to me that repairing a failed c...

2. T v Mudaliar [2017] NZIACDT 10 (28 July 2017) [pdf, 152 KB]

   ...Refund of fees [8] In its interim decision, the Tribunal identified in paragraph [41.1] that it anticipated a potential order for the refund of fees for work where the adviser did not have a written agreement, had not set out fees correctly and performed the work dishonestly. The complainant says that those fees amount to $3,684.35. [9] As matters stand, the onus is on the adviser to establish that claim is incorrect. If there is no further information, the Tribunal will order tha...

3. [2019] NZEmpC 94 Allen Chambers Limited v Pelabon [pdf, 270 KB]

   ...[16] I am not satisfied that the submission made by Mr Laracy as to a Calderbank offer should result in any adjustment. First, indemnity costs are not sought. Second, the offer was not in fact one to compromise the judgment sum. It was merely a request for immediate payment on the basis that the plaintiffs withdraw the challenge, and thus avoid enforcement. This offer should be placed to one side for cost purposes. [17] Mr Chambers’ reference to matters of history in this procee...

4. [2021] NZEmpC 223 UXK v Talent Propeller Ltd [pdf, 217 KB]

   ...regard to the second category of directions – not mentioned by Mr Upton in his costs submissions – UXK’s challenge succeeded in full. The second category of directions were set aside. [29] Mr Upton also submitted that the problems as to the form of the Authority’s directions should not result in a costs liability as far as TPL is concerned. [30] However, the Court must approach the assessment of costs on the basis of the way in which the challenge was run for TPL. It wa...

5. [2025] NZEmpC 82 A Labour Inspector of MBIE v Dao (Judgment (No 2) [pdf, 206 KB]

   ...with an appropriate level of detail as to the basis for proposed payments, along with details of the balances in the respective accounts, then she may have been able to take steps to action them. She said no such information had been provided or request made. Further, she said that the respondents had not yet provided information in relation to their assets and liabilities, and that it was not possible or appropriate to consent to variations as sought by them in relation to the bu...

6. E81 Karen Wilson (Engagement) - EIC - Te Ākitai Waiohua [pdf, 3.5 MB]

   ...that - 10.1.1 the Waitematā and Manukau harbours are of extremely high spiritual, ancestral, cultural, customary and historical importance to Nga Mana Whenua o Tamaki Makaurau 82. As Te Ākitai support the suggestion that the cultural centre forms part of the consent conditions to confirm Panuku’s commitment to the provision of a cultural centre. 83. Te Ākitai note that the proposed condition provides that Panuku will engage with the Auckland Council Mana Whenua Kaitiaki Fo...

7. [2023] NZEmpC 158 Turner v Te Whatu Ora [pdf, 293 KB]

   ...NZNO responded on Ms Turner’s behalf on the Monday. In doing so, NZNO said that it had advised Ms Turner to attend to her normal duties the next day and that she did not agree with the DHB’s proposal to suspend her. Further documentation was requested. [54] That same day, the DHB provided the documents as requested, which would have been provided in the meeting. It advised that it had proceeded based on the information it had at that time and had made its decision to suspend...

8. [2015] NZEmpC 164 Wellington Free Ambulance Service Inc v Austing Anor [pdf, 143 KB]

   ...the Wellington Free Ambulance and its management, which potentially adversely affects the care to patients which is what our job is all about. [46] The defendants, through their solicitor, promptly raised concerns about this new allegation and requested that they be provided with details of the allegation ahead of the disciplinary meeting scheduled for 12 May 2015. No response was received and the disciplinary meetings of 12 and 14 May proceeded without any additional information...

9. Emery v REAA CAC 20002 & Anor [2014] NZREADT 33 [pdf, 75 KB]

   ...Abbott for the Licensee [38] Mr Abbott is a real estate auctioneer, industry consultant, and salesperson trainer of much experience. He gave evidence, as an expert, on the use of price search criteria (PSC) when listing properties in electronic formats. He also opined on whether or not that price search criteria can effect and influence the sales and listing process or the sale price of a property. His evidence was quite detailed but we set out extracts from it as follows: “9. .....

10. Matchitt v Livesey - Parekura Hei Roadway (2003) 81 Ōpōtiki MB 178 (81 OPO 178) [pdf, 989 KB]

    ...Livesey who became the owner in 1990. He is a successor in title. In 1995, he applied for and was granted subdivision consent from the Opotiki District Council for the creation of several residential sites on Te Kaha 41A. Access was to be via the formed Parekura Hei Road, formerly the Old Iwiroa Road. Over the years, it had been assumed that the road was a Council road. Minute Book: 81 OPO 179 That is not the case. Parekura Hei Road was originally laid off by order of the Maori Land...