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1. DC & EC v KI [2025] NZDT 18 (17 January 2025) [pdf, 120 KB]

   ...are: a. Has there been a breach of contract by KI? b. If so, what remedy is appropriate? Has there been a breach of contract by KI? CI0301_CIV_DCDT_Order Page 2 of 4 6. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A breach occurs when one party does not do something they agreed to do. 7. I find KI breached the contract by failing to provide th...

2. DU v X Ltd [2024] NZDT 630 (20 September 2024) [pdf, 163 KB]

   ...refunded. 10. Accordingly, X Ltd is to pay the amount of $530.00 as ordered. I do not include the filing fee as I have no power to award this. Referee: P McKinstry Date: 20 September 2024 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...

3. [2008] Olsen v Carter Holt Harvey IT Ltd Full Court [Chief Judge Colgan, Judges Shaw and Couch, AC 45/08 [pdf, 97 KB]

   ...September 2005 for the sale could not be met and negotiations continued throughout September and October 2005. [27] On 29 September 2005, Mrs Olsen applied to Mr Peddie for leave without pay for a period in May and June 2006. Mr Peddie referred this request on to Mr van der Voort saying that he would “leave it for DMS 2005”. Mr Peddie explained to Mrs Olsen that he had done this because she would be employed by DMS 2005 by the time she wanted to take this leave. Subsequently...

4. E2 Fiona Knox Corporate Options Analysis and Engagement EIC Applicant [pdf, 3 MB]

   ...the other relating to establishing a new facility (the Fishing and Ferry Industry Relocation Facility) (FFIRF) for the relocation of the Auckland fishing fleet, Sanford Limited (Sanford) and Sealink Travel Group Limited (Sealink). At Panuku’s request the applications were publicly notified. 205 submissions were received on the Wynyard Basin application, and 78 submissions on the FFIRF application. 4.22 The Crown, Panuku and ETNZ carried out further investigation of a land-bas...

5. Willowridge Developments Ltd & Remarkables Park Ltd - Quinn McEntyre - EIC - 25 February 2022 [pdf, 446 KB]

   ...of the site against. This takes time and seems to be an unnecessary cost for consent holders. [32] Initially on these projects, I am engaged to prepare a draft EMP for the two councils. If these are submitted in parallel, there may be changes requested from either one or both councils. Each time a change is requested, I need to revise the EMP version to the other council who may already have started reviewing the document. This process can be inefficient and costly. In some cases,...

6. [2011] NZEmpC 57 Wade v Hume Pack-N-Cool Ltd [pdf, 113 KB]

   ...the applicant occurred on 24 November 2009 when he telephoned the Court to make an enquiry as to whether he could apply to reinstate the proceedings. He told the Court that he had lodged a complaint with the New Zealand Law Society against his former counsel and that he had been advised that he could apply to the Employment Court to continue the proceedings. It was suggested to the applicant that he file an application with a supporting affidavit. [8] On 3 December 2009 the appl...

7. Robinson v CAC 20006 & Wagner [2014] NZREADT 57 [pdf, 62 KB]

   ...contract she had signed with the agency and was not discussed at their meeting on 14 November 2011. She refused to pay the commission. [19] The licensee’s view was that the email he sent Mr Rawnsley’s lawyer was done at the complainant’s request. He says that the complainant requested him to send the email to dispel Mr Rawnsley’s inflated opinion of the property’s value. The licensee explained that the agency had a duty to both the complainant and Mr Rawnsley and felt the...

8. [2013] NZEmpC 228 Edwards v The Board of Trustees of Bay of Islands College [pdf, 143 KB]

   ...disclosing a number of documents to the plaintiff but there is now a formal challenge by the plaintiff to that objection in respect of only one set of documents. This includes an email dated 2 April 2013 and attachments to it. The email consists of a request by the then LSM of the College for advice from the New Zealand School Trustees Association (the NZSTA). A copy of the email was sent at the same time to the Chair of the Board of Trustees of the College, Gary Hooson. In addi...

9. Maruera v Te Runanga o Ngāti Maru (Taranaki) Trust (2017) 378 Aotea MB 118 (378 AOT 118) [pdf, 389 KB]

   ...polls or hui convened for tribal purposes. Mr McErlane, for the Rūnanga, opposes the application and says that it is the Crown who have recognised the mandate of his client to act as agent for a post settlement governance entity that may be formed at some time in the future with the consent of the iwi. The purpose of that entity, he says, will then be to enter into a Deed of Settlement with the Crown to resolve all the tribe’s historical claims, if the iwi ratifies any such set...

10. Brown v Otago Polytechnic and Progressive Enterprises (Recusal Application) [2014] NZHRRT 5 [pdf, 82 KB]

    ...making unfavourable decisions. Mr. Haines adjudication of my complaints amounts to transparent violations of my Civil Rights and the Crimes Act, and therefore it is only fitting that Mr. Haines stand down as adjudicator of my complaints. Mr Brown requested to give particulars of his complaint [11] As it was not clear whether this letter was a complaint in relation to the Otago Polytechnic proceedings (HRRT003/13) or those against Progressive Enterprises Ltd (HRRT004/13) or both, the...