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1. [2007] NZEmpC CC 21/07 Gorrie Fuel (SI) Ltd v Gittoes [pdf, 108 KB]

   ...in the Auckland Shop Employees case. But in our view it can now safely be said in New Zealand law that one relevant implied term is that stated in the judgment of the Employment Appeal Tribunal, delivered by Browne-Wilkinson J, in Woods v W M Car Services (Peterborough) Ltd quoted in the Auckland Shop Employees case. As the Judge put it: "In our view it is clearly established that there is implied in a contract of employment a term that the employers will not, without reasonable...

2. FH v UO Ltd [2023] NZDT 16 (25 February 2023) [pdf, 193 KB]

   ...breached a legally binding contract? b. If so, what damages/compensation can FH claim? 4. UO Ltd was unable to be contacted for the hearing, despite being adequately served with the proceedings at its company’s registered office and address for service, [Service address]. Under the Disputes Tribunal Act 1988 I can resolve a dispute in the absence of one of the parties. Has UO Ltd breached a legally binding contract? 5. When two parties reach agreement, for example about th...

3. SX v S Ltd [2023] NZDT 160 (2 May 2023) [pdf, 92 KB]

   ...1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 160 APPLICANT SX RESPONDENT S Ltd The Tribunal orders: SX’s claim against S Ltd is dismissed. Reasons: 1. The respondent provided monthly software services to the applicant at the cost of US$6.90 per month from January 2021. In August 2022, the cost of these services rose to US$69.00 per month. The applicant was charged the higher price for five months before he cancelled the agreement w...

4. OIA-104830.pdf [pdf, 1.1 MB]

   ...indicate whether ‘drink spiking or disabling’ occurred. In response to your request, please refer to Table 1 attached, which contains the number of drink spiking or drink disabling charges that resulted in a conviction, broken down by Justice Service Area (JSA) and gender from 1 January 2013 to 31 December 2022. To clarify the location of the courts, we also attach Appendix A, which is the list of New Zealand courts in each JSA. Please note, the Ministry does not record the ge...

5. OIA-113595.pdf [pdf, 1.2 MB]

   ...justice.govt.nz/about/official-information-act-requests/oia-responses If you are not satisfied with this response, you have the right to make a complaint to the Ombudsman under section 28(3) of the Act. The Office of the Ombudsman may be contacted by email to info@ombudsman.parliament.nz or by phone on 0800 802 602. Nāku noa, nā Jacquelyn Shannon Group Manager, Courts & Tribunals, Regional Service Delivery • A person may receive more than one typ...

6. 2020 archive

   Police Detention Legal Assistance (PDLA) provider survey on how rostering can be improved during the holiday period Legal aid payments published Criminal case assignment: Availability during the Christmas break Privacy Guidelines for providers of Justice services Special duty lawyer arrangements for the holiday period When the Aided Person in Waitangi Tribunal Proceedings Dies Criminal legal aid assignments published Where to send Civil Applications Paternity cases Cut-off date for invoices rem...

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7. AR v ZI ZIZ Ltd [2014] NZDT 574 (26 May 2014) [pdf, 24 KB]

   ...to determine are: (a) Who were the contracting parties? (b) What were the terms of the original contract? (c) Was there a second contract formed after the applicant’s former employer went into liquidation? (d) Did ZI provide his service with reasonable care and skill, that is, did he meet the statutory guarantees provided for in the Consumer Guarantees Act 1993? (e) What remedies, if any, are available to AR? Law and Decision Who were the contracting parties? [7...

8. NW v B Ltd [2022] NZDT 145 (12 September 2022) [pdf, 114 KB]

   ...the case, B Ltd’s decision to delay the flight was made necessary by force majeure, and meets the test required by section 91Z (b) of CA Act for the following reasons. 11. B Ltd is predominantly the single provider of a limited passenger air service into and out of [City A], being a relatively small and geographically isolated region. The choice of flight destinations is restricted primarily to [City D] and [City B], and as such a consumer has no choice than to fly via either of tho...

9. UI & II v D Ltd [2023] NZDT 34 (31 January 2023) [pdf, 104 KB]

   ...bit and to ask the dealer for a ‘roof adjustment’. . QN for D Ltd says that D Ltd staff explained that it is usually not a roof adjustment that is needed and recommended replacing the seals (the vehicle was 13 years old at the time). 2. The service card from 21 September 2020, the first visit, records the initial request as ‘Carry out roof adjustment as required – slight water leak at front between roof and windscreen’, and has the first part crossed out and replaced with ‘...

10. BN & HH v KT & BB [2023] NZDT 402 (23 August 2023) [pdf, 228 KB]

    ...needs replacing. The applicants rely upon Clause 7.3(1) of the standard agreement, that the fireplace is a fixture and provides heating and should be in “reasonable working order”. 3. The issues to be resolved are: (a) Is the fireplace a service or amenity? (b) If so, can the respondents rely on “due diligence”. (c) Was the condition of the fireplace in breach of the warranties? (d) If so, what is the remedy? Is the fireplace a service or amenity? 4. The res...