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1. BORA Ngai Tai ki Tamaki Claims Settlement Bill [pdf, 5 MB]

   ...consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.' Whether s 27(3) at issue 9. Clause 90(3) of the Bill excludes damages or other forms of monetary compensation as a remedy for a failure of the Crown to comply with a primary industries protocol, or a taonga tuturu protocol. 10. This clause may be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Ac...

2. KI v NX & DX [2022] NZDT 160 (12 October 2022) [pdf, 200 KB]

   ...is reference to an ACC claim number in the invoices for medical costs) and therefore s 317 prevents him from bringing his claim for medical expenses. Referee: R Merrett Date: 12 October 2022 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 rehe...

3. IM v IS [2024] NZDT 208 (12 March 2024) [pdf, 96 KB]

   ...jurisdiction to hear the claim. Accordingly, the claim is struck out. Referee: DTR Fuli Date: 19 March 2024 CI0301_CIV_DCDT_Order 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 reh...

4. DF v Q Ltd [2023] NZDT 177 (19 April 2023) [pdf, 143 KB]

   ...reasons: (a) DF was asked for and provided a chattels list. DF could reasonably infer that Q Ltd required the list as part of its management agreement. (b) The Residential Tenancies Act (RTA) provides that a Tenancy Agreement contain minimum information, which includes a list of any chattels provided by the landlord (S.13A(12)(o) RTA. (c) Taking into account the above, I am satisfied that having accepted the management of a fully furnished house, and being provided with a chattels lis...

5. B Ltd v KT Ltd [2022] NZDT 94 (22 August 2022) [pdf, 177 KB]

   ...A] property belonging to B Ltd for 2 nights in early November 2021. The accommodation was paid for and the stay completed. 2. TQ of B Ltd later discovered that several commercial photos and videos taken at his property had been uploaded to platforms advertising various products for UE Ltd. KX says the booking was for one day/night of family time and one day/night of photoshoot for UE Ltd. 3. TQ wrote to UE Ltd/KX stating that [Booking Website A]’s rules had been breached as they...

6. [2011] NZEmpC 29 Bunton v Garden City Helicopters Ltd [pdf, 184 KB]

   ...the beginning of 2000 was an independent contractor and billed the defendant for his services through a limited liability company. In May 2002, that person changed his status to employee, went onto salary and signed the appropriate taxation forms. [17] None of the matters that the plaintiff claims were agreed with Mr Currie were reduced to writing in either correspondence or in the form of a contract of service. However, it does appear that from the end of 1999, the plaintiff...

7. BP v N Ltd [2024] NZDT 724 (26 August 2024) [pdf, 127 KB]

   ...is dismissed. Reasons Introduction 1. BP attempted to purchase a number plate from N Ltd. However, the plate did not meet N Ltd or the New Zealand Transport Agency (‘NZTA’) acceptability criteria. On 2 July 2024, BP sought a refund. N Ltd requested specific details from BP which he did not provide in the form requested and subsequently the refund was not made. BP sought a refund of $1249.00 for the money paid for the plate, and compensation of $586.65 made up of $59.00 for the T...

8. [2019] NZEmpC 5 Hatcher v Burgess Crowley Civil Ltd [pdf, 268 KB]

   ...appointed to analyse the wage and time records was discussed. However, this never occurred. f) The plaintiff, frustrated with the lack of progress as to an independent review of the outstanding issues or otherwise, instructed Ms Dodunski to request that the outstanding issues be brought on for consideration at an investigation meeting. A second investigation meeting was accordingly scheduled for 17 May 2018. g) At the commencement of that meeting, Ms Dodunski made an oral app...

9. ST & CT v OU [2021] NZDT 1606 (21 June 2021) [pdf, 201 KB]

   ...and place. Did OU meet its duty of care by maintaining this section of road within the tolerances of its roading maintenance contract with GI? 17. The roading maintenance contract stipulates maximum tolerances for various types of road deformations / defects (shunts, heaves, potholes, etc). 18. The contract also obliges GI to carry out road inspections. 19. Mr L explained that GI carries out an annual ‘road truck test’ in addition to more frequent visual inspections.

10. D Ltd v B Ltd [2021] NZHC 1600 (24 June 2021) [pdf, 230 KB]

    ...remedial work. It must have arisen within two years and have been carried out during that two years so that the costs are incurred during that two-year period. 12. Therefore, it is necessary to look at the evidence of the costs incurred by B in performing remedial work. What amount is payable and by whom? 13. B presented evidence of $10,025.00 of remedial work as reviewed by Dr L. Dr L is an independent clinician and he reviewed the records for each patient, including radiolog...