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1. 2018 Decisions of public interest

   ...– whether commissions included as part of assessment of hourly wage – not to be included. [2018] NZEmpC 40 Johnston v The Fletcher Construction Co Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 4 May 2018) DIRECTION TO MEDIATION – PRIVATE MEDIATOR – whether jurisdiction of Court allows direction to private mediation – not accepted – parties directed to MBIE mediation. [2018] NZEmpC 33 Nisha Alim v LSG Sky Chefs New Zealand Ltd (Costs Judgment (No 2) of Judge B A Corkil...

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2. Disclosure Statement Criminal Cases Review Commission Bill [pdf, 300 KB]

   ...policy details to be given effect by this Bill been otherwise tested or assessed in any way to ensure the Bill’s provisions are workable and complete? NO 10 Part Four: Significant Legislative Features Compulsory acquisition of private property 4.1. Does this Bill contain any provisions that could result in the compulsory acquisition of private property? NO Charges in the nature of a tax 4.2. Does this Bill create or amend a power to impose a fee, levy or cha...

3. Brown v Robson - Pukepoto No 8B No 12 (2019) 192 Taitokerau MB 177 (192 TTK 177) [pdf, 273 KB]

   ...is the other co-chairperson of the Whānau Trust and addressed the Court on behalf of the applicant at the hearing of 30 April 2019. [8] The applicant’s evidence includes a series of emails between themselves and the respondent, as well as a private investigator and a member of the Police. 192 Taitokerau MB 179 [9] On 5 February 2018, the applicant received an email from the respondent advising of his intention to occupy the lands and carry out repair and maintenance work....

4. TQ v OC [2021] NZDT 1620 (26 July 2021) [pdf, 157 KB]

   ...issues to be determined are: a) Was there a misrepresentation in the sale of the motor? b) Is TQ entitled to the sum claimed? Was there a misrepresentation in the sale of the motor? 4. This is the sale of a good, made in the context of a private sale. OC is not in trade and sold the motor privately. The general position for such purchases is that the buyer must be responsible for his or her own purchasing decisions. The starting point is the principle of caveat emptor, or...

5. EX & OI v D Ltd & BD [2023] NZDT 648 (9 November 2023) [pdf, 202 KB]

   ...was sold by the Company and therefore sold in “trade”. 17. For these reasons I find that EX has not proved that the engine was sold through the business and in “trade”. 18. For these reasons I am satisfied that the engine was sold in a private sale and the Consumer Guarantees Act 1993 does not apply. If not, did EX misrepresent the condition of the engine? 19. The law relevant to this claim is the general law of contract and the Contractual and Commercial Law Act 2017...

6. OIA-110144.pdf [pdf, 5.5 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz Ref: OIA 110144 9 April 2024 Tēnā koe Official Information Act request: Advice and communications relating to consultation on commitment 7 of the Fourth National Action Plan under the Open Government Partnership Thank you for your email of 28 February 2024, to the Ministry of Justice (the Ministry) requesting, under the Official Informa

7. QW v DI [2024] NZDT 468 (18 June 2024) [pdf, 182 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...

8. KE v JM [2024] NZDT 332 (29 April 2024) [pdf, 197 KB]

   ...misrepresentation induce KE to enter into the contract and purchase [the puppy] at the price she did? c. If so, is KE entitled to $1,129.00? Was the representation that [the puppy] was a purebred [breed 1] false? 5. In general, the law applying to a private sale is that of caveat emptor, or ‘let the buyer beware. However The Contract and Commercial Law Act 2017 provides some protection for purchasers of goods in private sales. Section 35 provides that if a purchaser is indu...

9. The crime

   ...Unit (SCU) arrives quickly. The road is closed and the SCU unit begins to gather evidence and tries to piece together what happened. They talk to the driver of the van, who received only minor injuries but was badly shaken. Detectives from the Criminal Investigation Bureau (CIB) visit the scene briefly, but they aren't needed. Back to top Oliver is arrested Late the following day, Oliver goes home from hospital. The Officer in Charge (OIC) has already talked briefly with the police legal sectio...

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10. Directory of Official Information M-O [pdf, 564 KB]

    ...Regulations. • MIT Policies. • Departmental Processes / Procedures. 5 Publications • MIT’s Investment Plan • Strategic Plan • Annual Report. Contact Senior Legal Counsel Manukau Institute of Technology Limited Private Bag 94006 Manukau City Auckland 2241 Phone 0800 62 62 52 Legal_and_Contracts@manukau.ac.nz Contact on other matters may be made through the website: www.manukau.ac.nz mailto:Legal_and_Contracts@manukau.ac.nz http://www.ma...