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  1. EG v WN Ltd [2017] NZDT 1423 (8 December 2017) [pdf, 187 KB]

    ...for a refund (s38(1)(a)). 19. However, any right to a refund is subject to s39(4), which requires consideration to be given to the benefits obtained, the costs incurred by the other party, the value of services performed and any other relevant matters. EG did not cancel until after the event. He proceeded with the additional payment and the goods were shipped. Had the company not made the error, it would have charged more, as would, presumably, any other competitor. The loss was...

  2. TJ v HH [2019] NZDT 1522 (11 July 2019) [pdf, 154 KB]

    ...one or two more links than they claimed was shown in a photograph, and that their necklace was stamped 18K at only one end rather than both. 7. However, it was difficult to be sure how many links were shown in the photograph, and all of these are matters of memory, approximation, or impression rather than solid objective evidence from a qualified person. 8. TJ produced a report from QO, director of [Valuers], who said he has been an independent valuer for over thirty years, and is a...

  3. Review progress reports

    ...Reviewers requested an extension as they need more time to meet community expectations of transparency as far as possible and wanted to give a wide range of members of the public the opportunity to express their views on issues relating to the Review. The matters being considered are complex and COVID-19 has had, and continues to have, a significant impact on the progress of the Review. Changing the report back date required the Prime Minister to consult the parliamentary Intelligence and Secur...

  4. FAQs

    ...is as efficient as possible. Can Tribunal decisions be appealed? The Act provides for an appeals process. Decisions can be appealed to the High Court on any grounds (fact or law), if agreed by the High Court. Subsequent appeals would be available on matters of law only. How does mediation work in the Tribunal? There are two pathways your claim in the Tribunal – the mediation pathway and the hearing pathway. After a discussion with the parties at the first case management conference, the Tribu...

  5. Participating in a Virtual Meeting Room court hearing

    ...website(external link). Accredited media may request press sheets for specific defendants or cases. Accredited media have a right to attend hearings in all but exceptional circumstances and can register their interest to attend with the court where the matter will be heard. They may continue to join the video conference on the basis that they remain muted and do not record sound or capture video without express permission of the judge. The judge will decide if there is anything the media c...

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  6. [2015] NZEmpC 41 Denyer v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre [pdf, 185 KB]

    ...LABOUR INSPECTOR v PETER REYNOLDS MECHANICAL LIMITED TRADING AS THE ITALIAN JOB SERVICE CENTRE NZEmpC AUCKLAND [2015] NZEmpC 41 [31 March 2015] IN THE EMPLOYMENT COURT AUCKLAND [2015] NZEmpC 41 EMPC 220/2014 ARC 46/14 IN THE MATTER OF a rehearing AND IN THE MATTER of an application for penalty for breach of compliance order BETWEEN JAMES DENYER, LABOUR INSPECTOR Plaintiff AND PETER REYNOLDS MECHANICAL LIMITED TRADING AS THE I...

  7. AF v GJ LCRO 9/2012 (6 November 2015) [pdf, 88 KB]

    ...been properly dealt with by the Disputes Tribunal. The issues with which I am concerned, which were raised by Mr OM in the complaint to the Complaints Service, but which the Committee did not address, relate to Mr GJ’s conduct in relation to the matters referred to by me in the letter. [28] Mr BT responded to that letter8 [29] This claim is somewhat incompatible with Mr BT’s subsequent submission that Mr GJ was involved in a personal commercial activity. and referred to the f...

  8. [2019] NZEnvC 141 SKP Incorporated v Auckland Council [pdf, 13 MB]

    ...Trust") was not the mandated authority to speak for Ngati Paoa; and that therefore the position of Ngati Paoa was not accurately provided to the Court in evidence. Further, that findings on cultural values could affect consideration of other matters such as landscape values, ecology and social effects. [4] The application for rehearing was supported by two affidavits, one on behalf of the previous appellant, and the other for Trust Board. [5] There have been several affidavits...

  9. [2011] NZEmpC 143 NZ Meat Workers & Related Trades Union Inc v CMP Rangitikei Ltd [pdf, 113 KB]

    ...employees now but where it may be able to establish that this has been lawful all along? Finally, the remedy of injunction being discretionary, the Court must stand back from the detail of the first two tests and determine whether the overall justice of the case at this stage requires that an injunction be issued. [5] CMP Rangitikei Limited (CMPRL) operates a meat processing plant at Greatford near Marton. Among its workforce are members of the NZ Meat Workers & Related Trad...

  10. [2010] NZEmpC 12 NZ Tramways & Public Passengers Transport Employees' Union Inc v Wellington City Transport Limited [pdf, 48 KB]

    ...applicable to all workers” includes cl 73 (“COURT ATTENDANCE”) as follows: The employer shall grant time off on ordinary pay for the period of absence of any employee required to be on jury service, a subpoenaed witness, or to attend at court on matters connected with their employment, provided that any fees (excluding reimbursement payments) paid to the employee shall be handed to the employer. [16] The phrase “to attend at court on matters connected with their employment”...