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1. HN v OB & G Ltd & I Ltd [2025] NZDT 120 (25 February 2025) [pdf, 139 KB]

   ...construction work and the quality of the original repair work following removal of the kitchen wall. Where there is no clear basis to attribute a specific percentage contribution to each factor, the Tribunal is left with little alternative but to apportion responsibility equally between them. Therefore, as the JV is responsible for one of the factors, I have ordered it to pay 50% of the repair cost. Referee: J P Smith Date: 25 February 2025 Page 5 of 5...

2. [2021] NZEmpC 69 Head v IRD [pdf, 679 KB]

   ...Several allegations were then raised by the plaintiffs on the basis of these factual circumstances: a) Section 41 of the State Sector Act 1988 (SSA) applied, so that the Chief Executive (CE) of IR could only delegate her statutory functions, responsibilities, duties and powers to the plaintiffs if they were her employees. b) The MSA was unlawful because certain payments which were to be made under it by IR to Madison amounted to an “unlawful premium” under s 12A of the Wage...

3. [2010] NZEmpC 110 Mana Coach Services Ltd v NZ Tramways & Public Passenger Transport Union and Ors [pdf, 14 KB]

   ...of the first defendant union. e) This morning, representatives of the plaintiff have made repeated efforts to contact Mr O’Sullivan to say that the plaintiff considers the strike notice is defective and to ask the union to withdraw it. No response has been received from Mr O’Sullivan or anyone else on behalf of the first defendant. [3] The requirements for a valid strike notice in the passenger transport services industry are set out in s93 of the Employment Relations Act 2...

4. [2010] NZ EmpC 68 Oldco PTI Ltd v Houston [pdf, 16 KB]

   ...even though successful, would generally be ordered to make a contribution to the respondent’s costs. [7] As I indicated in my judgment of 29 April 2010, there have been considerable delays in bringing the plaintiff’s challenge to trial. The responsibility for that delay primarily, although not entirely, rests with the plaintiff. Nevertheless, I have asked the Registrar to maintain contact with counsel so that two outstanding interlocutory matters can be resolved quickly and...

5. AFJ Ltd v ZUM [2013] NZDT 305 (20 September 2013) [pdf, 53 KB]

   ...dead, and one six-tooth ram was so severely wounded as a result of dog bites that it had to be euthanised by the attending vet. [2] ZUM’s father, DA, acknowledge that their dogs had returned with blood on their fur and meaty mouths, and were responsible for the incident. [3] On 20 July 2012, two dogs were seen by KL attacking more sheep. KL shot and wounded one dog. As a result of the attack, one two-tooth ram, one four-tooth ram and one ewe hogget were so severely wounded t...

6. Auckland Standards Committee v Mellett [2014] NZLCDT 53 [pdf, 41 KB]

   ...undertakings from Joanna Pidgeon, an experienced practitioner who has the complete confidence of the Standards Committee to take over the role formerly held by Mr C K Lyon. [3] That means she will conduct the Trust account of Mr Mellett’s firm and be responsible for all conveyancing transactions through LINZ. We noted during the hearing that Mr Hodge, on behalf of the Standards Committee conceded that there was no evidence of harm to the public in the arrangements which had exist...

7. ENVC Matiatia expert witness cultural 2014 [pdf, 692 KB]

   ...Hauraki Gulf WAIHEKE MARINAS LIMITED (ENV-2013-AKL-000174) Applicant EXPERT CONFERENCING - JOINT WITNESS STATEMENT TOPIC: DATE: Joint Witness Statement [ 2 Expert conferencing INTRODUCTION 1. This joint signed report is written in response to the Environment Court's Direction dated: 2. .The Direction requires that the experts seek to reach agreement with the other expert witness(es) on matters within their field of expertise, and following conferencing , provide a...

8. Wakefield 10 October 2015 NZSHD 10 [pdf, 118 KB]

   ...from their written and verbal correspondence with the Authority that both applicants are having some difficulty grasping the exact nature of a Police Objection and are also having some difficultly putting together a comprehensive and relevant written response to the Objection. [12] The Authority considers however that in the particular circumstances of this case and considering the written material filed by the applicant as to her current situation and the state of the business, there...

9. EG & EGE v UT & UTU [2016] NZDT 949 (21 April 2016) [pdf, 81 KB]

   ...formed. UT recalls the conversation but believes it to have been after settlement. Even if it was at the earlier time recalled by the applicants, the fact that it occurred after the unconditional contract had been formed means that any questions or responses have no bearing on the terms of the contract. [11] In any event, as noted above, the respondents’ position is that they had had no issues with the septic system since the mid-1970s so had nothing to disclose when asked, and...

10. Independent Police Conduct Authority: Position description [pdf, 95 KB]

    ...refer to that misconduct, neglect, practice, policy, or procedure. The Authority may receive complaints relating to a matter specified in subsection (1)(a) of the Act that occurred before, on, or after 1 April 1989. The Authority also has responsibilities as a National Preventive Mechanism under the Crimes of Torture Act 1989, which implements the United Nations Optional Protocol to the Convention Against Torture. Term Appointments to the Authority are subject to the...