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1. Waitangi Tribunal Wai 2540 2.5.4 Department of Corrections and Reoffending Prisoners Claim [pdf, 605 KB]

   ...prison will be reconvicted within 2 years, compared to 53.4% of Europeans and 41.2% of Maori released from prison will be re-imprisoned within 2 years, compared to 31.8% of Europeans. Procedural History 6. On 31 August 2015, the Tribunal received a statement of claim and an application for an urgent hearing from Tom Hemopo (Wai 2540, #1.1.1 and #3.1.1). The claim was registered on 1 September 2015 as Wai 2540, the Department of Corrections and Reoffending Prisoners claim (Wai 2540, #2...

2. [2024] NZEmpC 60 Lanigan v Fonterra Brands (New Zealand) Ltd [pdf, 158 KB]

   ...The application is granted. [7] The application proposed a timetable for amended pleadings if it succeeded. The timetable was consented to by the plaintiffs and defendant. Applying that timetable I order as follows: (a) A further amended statement of claim, incorporating the claims of all of the plaintiffs against the defendant, is to be filed and served within 21 days of the date of this judgment. (b) An amended statement of defence (if any) is to be filed and served within...

3. LCRO 51/2021 KS and BG v WJ (30 September 2024) [pdf, 410 KB]

   ...before the trial date, which was set down for a 4 day hearing in the High Court on 5 November 2018. 10 The agreed settlement was for $930,000 less payments received from EQC. … 12 I have reviewed the key pleadings, which comprise: (a) statement of claim, which sets out the disagreement between the owners and [the insurer] in relation to their respective amounts for the rebuild costs; (b) the statement of defence by [the insurer]; (c) The memoranda filed by the owners and [t...

4. ABS Ltd v ZYL and ZYK [2013] NZDT 36 (15 March 2013) [pdf, 99 KB]

   ...[2013] NZDT 36 BETWEEN ABS Ltd APPLICANT AND ZYL FIRST RESPONDENT AND ZYK SECOND RESPONDENT Date of Order: 15 March 2013 Referee: Referee Edison ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim against ZYL and ZYK is dismissed. Facts [1] ABS Ltd owns 18 acres of land adjacent to land jointly owned by ZYL and ZYK. The boundary was fenced with a 7-wire fence. In the claim form, ABS Ltd stated that ZYL’s cattle t...

5. [2018] NZEmpC 141 Solid Roofing Ltd v Newman [pdf, 206 KB]

   ...subsequent to the first determination.4 [4] The plaintiff argues that its challenge to the first determination of the Authority also includes a challenge to the second determination of the Authority on costs. This cannot be the position. The statement of claim initiating the challenge to the first determination was filed with the Court on 31 July 2018. The subsequent determination of the Authority on costs was dated 15 August 2018. If the plaintiff had wished to challenge that...

6. [2021] NZEmpC 150 Ututaonga v North Western Farms Ltd [pdf, 183 KB]

   ...where the time limit is 28 days is very significant. Although there is some explanation for some of the delay, there is no satisfactory explanation for a delay of the length seen here. [17] I note too that Mr Ututaonga has not progressed his claims for unlawful deductions and underpayment of wages and is now over nine months late in filing and serving his witness statements. That counts against leave being granted. [18] While the prejudice suffered by North Western Farms does no...

7. TU v EM [2024] NZDT 153 (10 April 2024) [pdf, 103 KB]

   ...the baler a reliable machine. 3. TU brought the current claim against EM on the basis that he had been told the baler was in good working condition and able to be driven into a paddock and start work immediately. He said that was not true and claims $6,659.79 plus GST from EM. 4. EM denied the claim saying that the baler was a functioning machine and was sold as a second hand machine. 5. The issues I have to consider are: a. Was there a misrepresentation that induced TU int...

8. Watson v Capital and Coast District Health Board [2015] NZHRRT 27 [pdf, 199 KB]

   ...complaint is made under the policy the process outlined in that document is followed in that a copy of the complaint is provided to the person complained against. So in the complaint against Ms Watson, Ms Watson was provided with a copy of all signed statements made by those interviewed and an opportunity given to Ms Watson to review and respond to those statements, including all statements made by Ms Slade. [33] However, in deviation from the policy, Ms McHardy said the complainant is...

9. QR v UC [2014] NZIACDT 60 (30 April 2014) [pdf, 117 KB]

   ...meaning of incompetence; and then evaluate whether the adviser was incompetent in relation to the work that led to this complaint. [6] The Tribunal has dismissed the complaint as the material before the Tribunal does not establish incompetence. The Statement of Complaint [7] 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 ground of complaint: The adviser was...

10. Morgan v ACC [2010] NZACA 10 [pdf, 80 KB]

    ...average weekly earnings, or alternatively, reasonable remuneration for services rendered to a company at the time of the accident.” [20] This statement was cited by Barker J in Lewis v HC (supra). That case concerned whether the benefit to the claimant of his company car for private use should have been included in the calculation of his earnings. As indicated above, ACC has accepted the issue in this case as far as the private use of the company car is concerned. [21] Barker...