Search Results

1. [2015] NZEmpC 115 Lever v Dick and Alexander interlocutory [pdf, 177 KB]

   ...the plaintiffs and the defendants no longer continues and while the defendants originally participated in procuring a mediated settlement, they failed in their obligations to properly cooperate with the Authority in the conduct of its subsequent investigation. [4] The facts of this matter insofar as they are relevant to the proceedings now before the Court can be briefly set out. The plaintiffs, Mr and Mrs Lever, worked for a period of time as managers of a motel property situate...

2. [2018] NZEmpC 97 Noble v Ballooning Canterbury.com Ltd [pdf, 312 KB]

   ...aired at the meeting. Then Mr Noble was sent a letter from BCL ending his relationship with the company. As a result, he raised a dismissal grievance which ultimately came before the Employment Relations Authority (the Authority). [7] After an investigation meeting, the Authority stated in its determination that a preliminary jurisdictional issue had to be resolved.1 The Member said she had hoped that after considering some but not all of the evidence, a determination could be issu...

3. [2018] NZEmpC 89 Lorigan v Infinity Automotive Ltd [pdf, 268 KB]

   ...Ombudsman to Mr Lorigan dated 22 June 2016. It records Mr Lorigan’s assertions of alleged fraud in his workplace. It states that Mr Lorigan had previously referred his concerns to the Serious Fraud Office, who had advised that it did not intend to investigate as it did not meet their criteria for investigation. It also stated that he had raised the matter with the Financial Markets Authority and the Human Rights Commission but neither had investigated. [22] Then the letter re...

4. Impact of Treaty on Government Agencies report [pdf, 286 KB]

   THE IMPACT OF THE TREATY OF WAITANGI ON GOVERNMENT AGENCIES BROOKER & FRIEND LTD FOR THE MINISTRY OF AGRICULTURE AND FISHERIES WELLINGTON 1990 Published by Brooker & Friend Ltd 21–23 College Street PO Box 43 Wellington © Ministry of Agriculture and Fisheries 1990 ISBN 0-86472-054-8 Printed in New Zealand by Brooker & Friend Ltd, 21–23 College Street, Wellington Reissued 2023 in PDF format by Waitangi Tribunal, 141 The Terrace, Wellington iii FOREWO

5. Ngati Pahauwera Crown Summary Report November 2014 [pdf, 1.5 MB]

   ...likely ‘public’ by dint of orders of the Māori Land Court. The roads are formed and apparently maintained to a degree by the Wairoa District Council. 28 Waihua Beach Road is not a legalised road, but an unsealed right-of-way over several private properties (land now owned again by Ngāti Pāhauwera interests), but reportedly maintained by arrangement with the Wairoa District Council. Even this road does not reach the ‘beach’ per se; visitors or users are now required to...

6. [2015] NZEmpC 130 Scarborough v Micron Security Products Ltd [pdf, 166 KB]

   ...France. Ms Scarborough refers to correspondence she has had with the Minister for Workplace Relations and Safety. Apparently she has requested an enquiry into her case by the Minister. Nothing has been forthcoming, apart from a letter from the Private Secretary for the Minister acknowledging receipt of her letter to him. There is no confirmation that the Ministry is in the process of conducting an investigation as Ms Scarborough claims. Even if the Minister agreed to conduct a...

7. KC v Accident Compensation Corporation (Treatment Injury) [2022] NZACC 224 [pdf, 222 KB]

   ...further psychiatric assessment by consent. The assessor, Dr Turner, also could not identify a mental injury as a result of a Schedule 3 event. [27] On 21 November 2020, the appellant emailed the Corporation referring to mental health treatment investigations in 2014 involving the DHB. She explained that a mental health assessment was undertaken, that she was getting treatment for tuberculosis exposure in 2014 and that she was a patient at the DHB in 2014/2015. She suggested that ha...

8. SG v O Ltd [2021] NZDT 1635 (1 July 2021) [pdf, 221 KB]

   ...misrepresentation, was SG induced to buy the vehicle because of that representation? CI0301_CIV_DCDT_Order Page 2 of 4 - What is SG’s loss? Decision What law applies in this dispute? 4. The contract between the parties was a private sale. Therefore SG does not have the remedies available through the Fair Trading Act 1986. The provisions of Consumer Guarantees Act 1993 do not apply in this case because SG was not a consumer. For SG to be a “consumer” in this...

9. OO v QP [2023] NZDT 70 (20 February 2023) [pdf, 226 KB]

   ...state that there was no misrepresentation because their son was living there and also operated a home-based [redacted] business. The CC had not voiced any concerns about the residential use. 9. QD says that the house was built in the 1940s as a private residence. In 2006, it was consented to be converted to an office. Sometime after 2010, it was sold and used for residential purposes again. When QP and XP bought it in 2019, he asked the CC if it could be used for a home-based business...

10. YI v CU Ltd [2023] NZDT 545 (25 October 2023) [pdf, 189 KB]

    ...that CU’s property manager made an unwarranted assumption, based on seeing [water company] trucks in the vicinity of YI’s property, that [water company] had fixed the leak. She did this even though CU had been advised by the plumber they engaged privately that there was a mains leak and a quotation would need to be obtained for repair. That plumber would not have advised that a quotation was needed if it was an issue that [water company] was liable to address. 10. Advising YI t...