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1. [2017] NZEmpC 97 Nel v ASB Bank [pdf, 216 KB]

   ...He wishes to compare these circumstances with instances of breaches of the Code of Conduct or other policies or expectations by other staff members, which in some instances were more serious than Mr Nel’s conduct. These instances had not been investigated and/or had not resulted in disciplinary action at least to the point of dismissal. There was accordingly disparity of treatment. Mr Nel asserts that the pleading is not too wide, since it referenced conduct like his which fell...

2. TM v DD [2019] NZDT 1469 (18 November 2019) [pdf, 122 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that 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. A Notice of Appeal may be obtained from the Disputes Tribunal website. The Notice must be filed at the District Court of which the Tri...

3. SH v TS [2022] NZDT 110 (2 September 2022) [pdf, 123 KB]

   ...1993 applies to contracts where a consumer purchases a good from an entity that is in trade selling goods of that description. TS said he was not in trade as the CI0301_CIV_DCDT_Order Page 2 of 4 vehicle was owned by him and he was selling it privately from his Facebook Marketplace advertising. He agreed the vehicle was at the yard of PN where he worked selling cars, but said SH knew he was selling the car privately. 4. SH agreed he saw the car on TS’s Facebook advertisement,...

4. KT & others v ON & UN [2019] NZDT 1564 (6 March 2019) [pdf, 208 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that 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. A Notice of Appeal may be obtained from the Disputes Tribunal website. The Notice must be filed at the District Court of which the Trib...

5. NX v B Association Ltd & JE [2023] NZDT 433 (15 August 2023) [pdf, 192 KB]

   ...Association Ltd SECOND RESPONDENT JE The Tribunal orders: NX’s claims against B Association Ltd and JE are dismissed. REASONS Brief Details of Claims 1. On 16 October 2022, NX purchased a [vehicle] for $10,500 from JE, in a private sale. Prior to purchase, NX arranged for a pre-purchase inspection by [B Association Ltd] 2. Five months later, the vehicle engine overheated. NX had the vehicle inspected by two mechanics at separate garages. The diagnosi...

6. MN v EX [2024] NZDT 68 (23 February 2024) [pdf, 102 KB]

   ...since refused to do so despite reselling the caravan. 3. MN claims the sum of $1,000.00 being the deposit paid to EX. 4. The consumer protection law (such as the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) does not apply to private sales. In private sales, such as this, the onus is on the buyer to ensure that he is purchasing a caravan that meets his requirements and expectations before agreeing to the purchase. 5. However, the law of misrepresentation do...

7. CF v CL [2024] NZDT 408 (2 May 2024) [pdf, 197 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 pro...

8. CL v TD [2024] NZDT 404 (15 May 2024) [pdf, 190 KB]

   ...RESPONDENT TD The Tribunal orders: TD is to pay $1,371.75 to CL on or before 7 June 2024. REASONS Brief Details of Claim 1. On 23 February 2023, CL purchased a Fridge/Freezer from TD in a private sale via [online auction website] for $1,220.00. The fridge/freezer was advertised as “was only used briefly and so would suit new buyer allowing you to make a significant saving on a new price”. The advertisement also said “the c

9. [2020] NZIACDT 44 - Registrar v Yoon (8 October 2020) [pdf, 259 KB]

   ...his involvement with the client. [44] The Authority was advised by the client that she had spoken to the adviser only once and that he was not involved in the creation of the letters to the Ministers. The adviser confirmed to the Authority’s investigator on 11 July 2018 that he did not write the letters. [45] On 16 July 2018, the adviser stated in an email to the Authority that the advocate explained to him that, as both of them were citizens, they had the right to discuss an...

10. Waitangi Tribunal theme A - Old land claims [pdf, 7.2 MB]

    ...land claims assume their full significance only when they are related to subseqllenCCrowtfplItcnases.--- .. ~---- --~--.-~~ ---- -~ -~~-~-- ---- --- 1.1 REPORT ORGANISATION The first main section of this report outlines the sequence of comrmSSlOn investigations, begiiming with Godfrey/Richmond and Spain during the r840s, continuing with Bell from r856 until r862, and concluding with the Myers Surplus Lands Commission of the r940s. Included in the analysis of the work of these commission...