Search Results

1. [2023] NZEmpC 67 Bennett v Goldie [pdf, 199 KB]

   ...need to be lawyers. There is no regulation of lay representatives; a party who is dissatisfied with the conduct of their lay representative is not able to lodge a complaint with any official body. The New Zealand Law Society, which oversees such matters in respect of lawyers, has no role to play in respect of lay representatives. The lack of any regulation or required oversight of lay representatives has been the subject of discussion. The issue is, however, principally one for P...

2. BL & KL v QT [2024] NZDT 206 (12 April 2024) [pdf, 114 KB]

   ...finish the repaint of the gutters that day and then leave the property. It was agreed the remaining $5,000.00 owing of the contract price would be used for completion and remedial work. CI0301_CIV_DCDT_Order Page 2 of 5 6. QT considered the matter settled and followed up with an email confirming the agreement. 7. On 5 April 2022, the BL and KL made a claim with their insurer, J Ltd, for the overspray damage, which was accepted. The BL and KL chose a cash settlement of $28,944...

3. C Ltd v N Group [2025] NZDT 215 (28 April 2025) [pdf, 198 KB]

   ...decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised...

4. [2014] NZEmpC 176 ALLWAZE Designs Ltd v Cawthorne [pdf, 40 KB]

   ALLWAZE DESIGNS LIMITED v ALICE CAWTHORNE NZEmpC WELLINGTON [2014] NZEmpC 176 [22 September 2014] IN THE EMPLOYMENT COURT WELLINGTON [2014] NZEmpC 176 WRC 13/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for leave to file statement of defence out of time BETWEEN ALLWAZE DESIGNS LIMITED Plaintiff AND ALICE CAWTHORNE Defendant Hearing: (on...

5. CARROLL v Coroners Court at Auckland (2013 NZHC 906) [pdf, 304 KB]

   ...give the applicants prior notice of his intention to comment adversely upon their conduct and an opportunity to be heard in relation to that comment. Finally, they say that the finding was otherwise made in breach of the principles of natural justice because the applicants had no notice that their conduct was likely to be the subject of scrutiny at the inquest. [3] The applicants seek to have the finding quashed and costs awarded in their favour. [4] Because the first responden...

6. AB v Secretary for Justice 26 June 2014 NZRA 000001 [pdf, 138 KB]

   REVIEW AUTHORITY NEW ZEALAND 2014 NZRA 000001 Applicant AB Respondent Secretary for Justice Date of Decision: 26 June 2014 ________________________________________________________________ DECISION ________________________________________________________________ INTRODUCTION 1. In a decision dated 4th December 2013, The Secretary for Justice (“the Secretary”) approved the Applicant as a provider under the Legal Services Act 2011 of Civil,...

7. OIA-120109.pdf [pdf, 178 KB]

   ...assessments which have been applied to Destiny Church services; 5. If there are no formal or sanctioned processes for referring individuals to Destiny Church, whether there is any evidence of informal referrals. This response pertains to those matters which fall under the responsibility of the Ministry. The Ministry does not have contracts with Destiny Church and does not hold any information to respond to parts 1-5 of your request regarding Ministry funding, referrals, procurement...

8. Tahere v Tau - Rangihamama X3A and Omapere Taraire E (Aggregated) (2017) Māori Appellate Court MB 62 (2017 APPEAL 62) [pdf, 232 KB]

   ...leave invariably involves consideration of a range of factors including the merits of the appeal, the conduct of the parties, the reasons for delay, the interests of justice and whether the appeal gives rise to any question of public interest. These matters are also considered in this judgment. Background [7] Judge Armstrong concluded that the Tahere whānau had been occupying the land for 30 years without payment of rent and at best would only have received a bare licence which, i...

9. Environment court annual report 2013 [pdf, 213 KB]

   ...remains at 7. This is a reduction from the 8 permanent Judges the Court had in place between 2002 and March 2012. This current reduction in judicial capacity has the support of the Acting Principal Environment Judge and reflects a lower number of matters coming before the Court in comparison with historic case loads. Environment Commissioners Retirements During the 2012/13 year, Environment Commissioners Heather McConachy, Helen Beaumont and Deputy Commissioners Ken Fletcher and...

10. TC & AK v BH & TH [2021] NZDT 1306 (25 March 2021) [pdf, 250 KB]

    ...party as at the date of termination, including the Contractor Payment in relation to any unpaid milk payment due to the Contractor without deduction or withholding in accordance with clause 21.27, but subject to any adjustments in respect of any other matters of income or outgoings or both arising under the terms of this Agreement (cl. 22.14, Pt 3). e) Clause 22.14 does not limit the right of the Owner or the Contractor to claim damages for the non-performance by the other party of an...