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1. SX v TO [2022] NZDT 43 (21 March 2022) [pdf, 207 KB]

   ...did that misrepresentation induce the purchase? (c) If so, what loss has been suffered? Did TO make any misrepresentation about the motorbike prior to or at the time of purchase? 3. TO is not a dealer and was selling the motorbike privately. As a result, the motorbike was not sold with the benefit of any statutory warranties or trading protection (for example, the Consumer Guarantees Act 1993 or the Fair Trading Act 1986). 4. The law relevant to this claim is the genera...

2. BZ v OJ [2023] NZDT 221 (24 April 2023) [pdf, 97 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a 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 pr...

3. SU v F Ltd [2023] NZDT 266 (25 May 2023) [pdf, 108 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a 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 pr...

4. [2014] NZEmpC 159 Franix Construction Ltd v Tozer [pdf, 146 KB]

   ...hospital. The engagement in that case was evidenced by a carefully drafted and carefully considered written agreement which provided expressly that the arrangement was to be a contract for services. The practitioner had previously both run her own private practice and operated as an independent locum tenens. She had conducted her own private medical practice using the naval hospital facilities. Factually, there were a number 3 B...

5. [2015] NZEmpC 206 Fox v Hereworth School Trust Board [pdf, 620 KB]

   ...Department relates to her refusal to engage in mediation in Napier arranged by it in November 2009 before her dismissal. The employment agreement [21] Mrs Fox was a registered teacher who commenced employment at Hereworth School, an Anglican Church private preparatory primary school for boys in Havelock North, at the beginning of the 2008 school year. Her terms and conditions of employment were set by an individual employment agreement entered into by the parties on 13 February...

6. Waitangi Tribunal - Wai 2200 A128 Scoping report [pdf, 3.3 MB]

   ...Levin hui, 6 November 2014 14 BACKGROUND TO REPORT ONE: CUSTOM, COLONISATION AND THE CROWN, 1820 - 1900 The patterns of occupation and exercise of customary rights in the Porirua ki Manawatū [PKM] region must be the starting point for the investigation and analysis of the historical grievances of the iwi and hapū as described above. These hapū arrived and settled the region from c. 1820 onwards in a series of heke, initiated by Te Rauparaha who had Ngāti Huia and other – N...

7. Recommendations recap - issue 4 [pdf, 832 KB]

   ...lift standards of assessment of bridges on privately owned land that are used in commercial operations, and/or to carry heavy commercial vehicles, and promote voluntary compliance of the matters discussed below. She also recommended that the DoL investigate means by which industry standards for assessment of bridges on privately owned land that are used in commercial operations, and/or to carry heavy commercial vehicles, might include a requirement that an engineer’s report be...

8. 2021 NZPSPLA 032.pdf [pdf, 108 KB]

   [2021] NZPSPLA 0032 IN THE MATTER OF A complaint made under s 74 of the Private Security Personnel and Private Investigators Act 2010 AGAINST B M HEARD by telephone and audio-visual links on 6 October 2021 DECISION [1] Mr and Mrs D say that B M was guilty of misconduct or gross negligence when he repossessed an excavator from their property on 19 March 2021. They accept that Mr M had the required paperwork to carry out the repossession but say in doing so...

9. McNie v CAC2004 & Proude [2013] NZREADT 49 [pdf, 62 KB]

   ...binding on private settlement agreements which do not stem from mediation directed by the Committee. [32] Complaints Assessment Committees have their own obligations. Under s.78(b) of the Act, a Committee on its own initiative is to inquire and investigate allegations about any licensee. As such, even if the appellant was not a party to the dispute, the Committee could investigate a complaint and determine conduct arising from that. [33] Given that our function is to hear any appea...

10. OC v NQ [2023] NZDT 767 (20 December 2023) [pdf, 187 KB]

    ...camping equipment hence it was more than what he purchased it for. Was NQ a motor vehicle trader? 5. NQ says he is not a motor vehicle trader. He says he was selling the van “on behalf” of someone else and the van “was owned and sold privately with no promises/warranties applicable to the sale.” NQ also says he sells the vans as a hobby. 6. However, based on the sale and purchase agreement I am satisfied that NQ was not selling on behalf. He is recorded as the seller...