Search Results

1. [2018] NZEmpC 102 Rachelle v Air New Zealand Ltd [pdf, 460 KB]

   ...amended application was discussed at a telephone directions conference on 8 August 2018. During the conference Ms Rachelle repeated the statement in her notice of opposition; she was not prepared to provide any of the further and better particulars requested by Air NZ. Despite that emphatic statement a subsequently issued minute provided her with an opportunity to make submissions, in response to Air NZ’s application and submissions, if she wished to do so. The time allowed for

2. Guo v PwC (Non-Party Discovery - Oral Hearing) [2020] NZHRRT 51 [pdf, 208 KB]

   ...by the Tribunal on 16 June 2017 in the proceedings brought by Ms Guo against Dr Culpan (HRRT025/16: Guo v Culpan) at paras [22] to [24] an earlier application by her for a search order against Dr Culpan was dealt with in the following terms: The request for a search order [22] Consequent on Ms Guo’s belief Dr Culpan has obstructed the course of justice by allegedly destroying evidence, Ms Li by memorandum dated 15 June 2017 has requested an order authorising computer experts retained...

3. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 KB]

   ...do so. CI0301_CIV_DCDT_Order Page 4 of 6 (d) You have not relied on any statement made by or on behalf of the Seller or by Us in relation to any Lot. 14. I find that this clause is not a defence to the claim. Whilst the nature of the sale forms part of the context that is taken into account in determining the chance that was purchased, it is not possible for HS to contract out of the CGA unless NT is himself in trade (s43). This is reflected in the wording of clause 7.9, which co...

4. DF Ltd v TS Ltd [2021] NZDT 1315 (21 April 2021) [pdf, 233 KB]

   ...cancel the contract? c) Is DF entitled to the sum claimed? Did DF breach the contract in failing to carry out the service in accordance with the engineer’s instructions? 4. 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...

5. [2019] NZEmpC 109 Downer New Zealand Limited v Livingston [pdf, 256 KB]

   ...to suitable dates. Mr Livingstone confirmed his availability by way of email dated 16 October 2017 and said that he wished to have two other matters addressed at mediation. He copied the Human Resources manager into the email, who responded by requesting that Mediation Services ask Mr Livingstone to provide full details of his further claims, otherwise the company would only attend mediation to respond to the matters lodged in the Authority. Mediation Services replied, asking Mr...

6. Te Manutukutuku Issue 4 [pdf, 3 MB]

   ...overseas. While there is a lot we can learn from what occurs in other countries, there is much we can offer them too. I was also struck by the number of inquiries I fielded from Maori people about the work of the Tribunal - some of the information requested was of a very basic nature. It seems to me that the Tribunal Division has a lot of work to do in getting knowledge about the Tribunal and the claims process to the people and I look forward to organising information. seminars later...

7. A package of family violence and sexual violence initiatives for Budget 2019 [pdf, 4.6 MB]

   These briefings have been proactively released. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released. Where that is the case, the relevant section of the OIA has been noted. Appendix 1: Discussion points for Ministers has been withheld under section 9(2)(g)(i) of the Act and has been removed. Appendix 2: Budget Initiative 1 Title of initiative: Preventing family violence and sexua...

8. Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill [pdf, 245 KB]

   ...that it is not reasonably practicable to obtain the information from another source or for the purposes of the inquiry it is necessary to obtain the information to verify or refute information from another source. Failure to provide the information requested may result in the Commission publicly reporting the non-compliance on the internet. 27. The objective of the Children and Young People’s Commission is to promote the interests and well-being of children and young people and to adv...

9. [2022] NZEnvC 001 Wellington Regional Council [pdf, 253 KB]

   ...considered the Council's request and granted it on 22 September 2021. The Council confirmed on 8 October 2021 that service had been completed. No person joined as a party to the proceedings. [8] The Council lodged a memorandum on 8 November 2021 requesting that the applications be decided on the papers. Background [9] The Council has functions with respect to land and water in the coastal marine area (see s 30(1)(d) RMA). Counsel for the Council says the main issue ·with the...

10. [2022] NZREADT 10 – HD v REAA and LD (18 May 2022) [pdf, 216 KB]

    ...son (being the same email sought to be produced by the purchaser). 2. Deal Transaction Report (18 September 2020) signed by the licensee and his manager. 3. Statement (6 February 2022) from the licensee’s wife. [17] The licensee also requests an oral hearing and that counsel be permitted to cross-examine the purchaser and his son. [18] Ms Bergin, for the Authority, abides the Tribunal’s decision on the applications, but has helpfully provided submissions on relevance....