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1. Establishment of Canterbury Earthquakes Insurance Tribunal 30 January 2018 [pdf, 412 KB]

   ...Earthquakes Insurance Tribunal (“the Tribunal”), for your review, and, if you agree, for Ministerial, coalition and support party consultation; 1.2. seeks your direction on three aspects of the new Tribunal; 1.3. attaches a Regulatory Impact Statement (RIS) for your information; and 1.4. indicates timeframes for lodging the Cabinet paper and RIS for consideration by the Cabinet Social Wellbeing Committee on Wednesday 21 February. Executive Summary 2. You have indicated th...

2. Asad v Patel [2014] NZIACDT 61 (30 April 2014) [pdf, 138 KB]

   ...unqualified staff; and [2.3] He failed to refund fees he had not earned. [3] The adviser has not challenged the grounds of the complaint, or offered an explanation justifying or excusing his conduct. [4] The Tribunal has upheld the complaint. The Statement of Complaint [5] The Registrar filed a statement of complaint. It says the complainant lodged the complaint on wider grounds, but the Registrar identified material that supports the following grounds of complaint: [5.1] The adv...

3. TD v Q Ltd [2024] NZDT 761 (31 October 2024) [pdf, 202 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 761 APPLICANT TD RESPONDENT Q Ltd The Tribunal declares and orders: 1. The claim by Q Ltd for TD to pay $536.00 is dismissed. 2. The claim by TD for reimbursement of her filing fee is dismissed. Reasons: 1. TD has applied for an order that she is not liable to pay Q Ltd for a parking breach notice and collection costs ($395.00). Her cl...

4. [2014] NZEmpC 119 Pact Group v SFWU & PSA [pdf, 271 KB]

   ...has not eventuated. [4] Pact challenges the Authority’s findings against it. The unions cross- challenge the Authority’s finding that although there was a breach by Pact of s 9, no compensatory remedies were to be awarded. The SFWU and PSA claim arrears of wages for their affected members. Pact submits that this is not a remedy available in law for a breach or breaches of s 9 of the Act. [5] In the course of submissions I was referred to an earlier judgment of this Court, E...

5. [2023] NZIACDT 9 - WS v Lawlor (23 March 2023) [pdf, 318 KB]

   ...replied that day to say they were waiting for the assessment. There were problems on NZQA’s website. On 11 December, he said he would call back. She said on the 12th she was waiting for his call. He replied that he would call her back. 1 Statement of complaint (11 August 2022) at [4.12]. 2 See Registrar’s bundle at 31. As will be seen later, Mr Lawlor made no assessment application. 6 [27] On 16 December 2019, the complainant sent an email to Mr Lawlor expressing...

6. [2017] NZEmpC 47 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust [pdf, 104 KB]

   ...upheld the defences raised by the Trust and concluded that Ms Singh was therefore precluded from pursuing her claims in the Authority. She has filed a challenge to that determination, seeking a hearing de novo. Pleadings [5] The original statement of claim filed on behalf of Ms Singh contained considerable detail as to the factual background to the dispute. If the Court were to uphold the challenge against the decision of the Authority on the preliminary point, then the Cour...

7. MN v DX [2025] NZDT 97 (28 February 2025) [pdf, 154 KB]

   ...by a misrepresentation, whether innocent or fraudulent that person is entitled to damages as if the representation were a term if the contract that has been breached. The relevant elements that must be proven are: a. The representation must be a statement of fact. b. The representation must be factually incorrect. (It does not matter whether the seller knew that it factually incorrect or not). c. The representation must have induced the buyer into buying the goods. 10. Therefore, i...

8. Court materials for interpreters [pdf, 97 KB]

   ...include: • copy of the charging document(s) • any preliminary hearing transcripts • witness list (if available) • exhibits list (if available) • expert testimony and affidavits if technical or specialised Sentencing • victim impact statements Appeals The judicial officer, counsel and parties may agree what information the interpreter can have access to (the interpreter’s bundle). This may include: • copy of the Notice of Appeal • a summary of the evidence...

9. BG & BG v Hakaoro [2013] NZIACDT 63 (19 September 2013) [pdf, 157 KB]

   ...immigration adviser. [2] They had applied personally for visas and received a letter from Immigration New Zealand raising issues of concern. [3] They sought Mr Hakaoro’s assistance and say they paid him fees of $50, $200, and $500. [4] They claim Mr Hakaoro did not take the steps required to initiate a professional relationship, failed to give the appropriate advice, misrepresented what work he was doing, and made unprofessional threats. [5] Mr Hakaoro says he was not working for...

10. [2018] NZEmpC 98 Ovation NZ Ltd v The NZ Meat Workers and Related Trades Union [pdf, 343 KB]

    ...The plaintiffs’ application should accordingly be dismissed. c) The categories of documents sought contain no time limitation. d) The documents sought are irrelevant; reference was made to the fact that the plaintiff had not filed a statement of defence to the defendant’s particulars as contained in its memorandum to the Court of 7 August 2018, which followed the Court’s interlocutory judgment of 10 August 2018.3 e) The evidence from the plaintiffs’ witness wa...