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1. [2017] NZEmpC 47 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust [pdf, 104 KB]

   ...Group Ltd [2011] NZEmpC 151. explicitly that it should be effective immediately upon being signed by both parties. … [21] Three points can be made about the Penney decision to differentiate it from Abernerthy. First, a contract was formed independently of the involvement of the mediator. Secondly, the mediator’s signature would only bring s 149(3) to bear on the parties. Thirdly, the settlement agreement did not contain a term stating that it be effective only if...

2. Te Manutukutuku Issue 17 [pdf, 2.6 MB]

   ...statutory recognition of the Treaty in fisheries legislation. Undermining Ngai Tahu's mana whenua and mana moana tribal rights resulted in material and cultural deprivation, the Tribunal noted. The report also recorded that despite repeated requests from Ngai Tahu, the Crown refused to give effect to legislative provisions, in force between 1900 and 1962, which provided for the reservation of exclusive Maori fishing grounds. The Ngai Tahu Sea Fisheries Report is available from...

3. [2021] NZEnvC 201 Guardians of the Bay Incorporated v Wellington International Airport Limited [pdf, 504 KB]

   ...February 2020 WIAL gave notice to the Council of its second requirement for a designation for airport purposes, the majority of which was over the southern half of the Iviiramar Golf Course. This is the East Side Area NOR. [9] Further information requests from the Council and discussion between WIAL and the Council concerning notification of the NORs followed. Both NORs were publicly notified on 10 December 2020 but each had a separate public notice. Ms Lester says that each of thes...

4. Kropelnicki v Wellington City Council (Strike-Out) [2021] NZHRRT 30 [pdf, 110 KB]

   ...filing of the amended statement of claim was sought. Mr Fraser also sought leave to withdraw on the basis that legal aid had been declined and that Mr Kropelnicki, who was by that time in Costa Rica, refused to provide the information Mr Fraser had requested from him. [13] By Minute dated 13 September 2019 the Tribunal granted Mr Fraser leave to withdraw as counsel. New timetabling directions were made with Mr Kropelnicki now to 3 file his amended statement of claim by 13 Dec...

5. NB & TL v UQ Ltd [2021] NZDT 1657 (13 July 2021) [pdf, 191 KB]

   ...repairs to damage caused by the UQ. Did UQ claim to be a “certified”, qualified, or licensed builder and breach of section 9 and 11 of the Fair trading Act 1986 (FTA)? 8. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking a...

6. BO & CO v MI [2022] NZDT 1 (14 February 2022) [pdf, 167 KB]

   ...consider before doing so whether the orders that the Tribunal can make under s19 of the Disputes Tribunal Act 1988 can provide the remedy she seeks. Referee: J Robertshawe Date: 14 February 2022 Page 5 of 5 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...

7. X Ltd v K Ltd [2019] NZDT 1339 (19 December 2019) [pdf, 252 KB]

   ...and advised: “Hi [redacted]- Apologies for the delay in getting back to you. Packing is scheduled for Monday through Tuesday next week. Our Head of Quality has picked up a statement on your label – Complies with USFDA Do you have any information to support this claim? FDA registration #? Thanks [redacted]” 7. Before any reply was received, K Ltd sent a further email: Hi [redacted]- See attached letter from our Head of Quality. Unfortunately the label claim has pot...

8. BT v WN Ltd [2023] NZDT 14 (19 April 2023) [pdf, 111 KB]

   ...V berth mattress [22] Again, I note that the condition of the mattress was not warranted in the contract and a private seller is not bound by the obligations of the CGA. In this case BT claims that the seller is liable as she omitted to inform her that one half of the mattress was missing. Further she claims the seller actively misled her in a video walk-through on 10 March 2022 making the berth up in such a way that she assumed that both mattresses were present. [23] With rega...

9. Macdonald v Accident Compensation Corporation (Costs on Recall Application) [2024] NZACC 49 [pdf, 199 KB]

   ...genuine? It appears not, or perhaps Paul has forgotten his dialogue with Brett that afternoon. In fact, I remember Mr McBride telling Brett to not take offense at any of his oral submissions, as he “was just doing my job”. 8. It seems this request for an award of costs is again “just doing his job”, and bad faith in a partnership where we are all to come to the appeal with clean hands. 9. Mr McBride and ACC both know that I am medically certified to work only ten hours...

10. MK v S Ltd [2023] NZDT 293 (1 August 2023) [pdf, 196 KB]

    ...safely pack up and arrange for the return all the curtains purchased from S Ltd to them, with shipping of the boxes with the curtains to be paid for by S Ltd. Referee: C Price Date: 01 August 2023 Page 5 of 5 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...