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1. LE v BI [2024] NZDT 31 (2 February 2024) [pdf, 139 KB]

   ...party is fully informed about the transaction. Therefore, a private seller need not disclose defects to a buyer, and silence will not usually amount to a misrepresentation. However, the courts have made it clear that when a party makes pre-contractual statements, those statements must be correct and the party receiving them is entitled to reasonably rely on them. This is because the law of misrepresentation set out in s35(1)(a) of the Contract and Commercial Law Act 2017 (“the CCLA”))...

2. RK v KS [2021] NZDT 1349 (20 April 2021) [pdf, 224 KB]

   ...of sale. RK seeks a refund of the purchase price. 2. RK claims $6,000.00 from KS in relation to the purchase. 3. The issues to be determined are: a) Was a misrepresentation made in the sale of the jetski? b) Is RK entitled to the sum claimed? Was a misrepresentation made in the sale of the jetski? 4. The starting point is the principle of caveat emptor, or ‘buyer beware’. The general position is that the buyer must be responsible for his or her own purchasing dec...

3. [2011] NZEmpC 175 Maynard v Bay of Plenty DHB [pdf, 105 KB]

   ...with the DHB on 21 February 2010. [5] The plaintiff had been the subject of a 10 week disciplinary investigation, during the course of which she was suspended. Although Ms Maynard sought to raise a personal grievance for that suspension in her statement of problem to the Authority, the suspension claim has subsequently been dropped. [6] The plaintiff sought legal advice after she was suspended and engaged a solicitor to represent her. The solicitor subsequently attended the inv...

4. [2017] NZEmpC 84 The Chief Executive of the Ministry of Social Development v Tuilaepa [pdf, 205 KB]

   ...Judgment: 5 July 2017 JUDGMENT OF JUDGE K G SMITH [1] This proceeding is a challenge by the plaintiff to a determination of the Employment Relations Authority that Ma’auga Tuilaepa was unjustifiably dismissed and ordering his reinstatement. 1 [2] Mr Tuilaepa obtained casual employment with the Ministry of Social Development (the Ministry) on 4 April 2000 as a residential social worker. He accepted permanent employment in 2004. A residential social worker provi...

5. SLA v MTD [2014] NZIACDT 34 (20 March 2014) [pdf, 117 KB]

   ...return of documents, or [21.2] Misrepresented it was necessary to engage a licensed immigration adviser, They are simple credibility issues. [22] The complainant says that occurred; the adviser denies it. There is no documentation to support the claim. The complainant has not answered the adviser’s denial in her Statement of Reply. I cannot be satisfied there are reasons to prefer the complainant’s claims to the adviser’s denial. It follows I must find this aspect of the compla...

6. Thoman v Devi [2014] NZIACDT 26 (17 March 2014) [pdf, 118 KB]

   ...REPRESENTATION: Registrar: In person. Complainant: In person. Adviser: S Singh, Singhs Barristers & Solicitors, Auckland. Date Issued: 17 March 2014 2 DECISION Introduction [1] The Registrar filed a Statement of Complaint; the central issue is an allegation that the adviser dishonesty made a claim the complainant was a diesel mechanic in an application for residence. [2] The complainant says the adviser presented this information to Immigr...

7. [2020] NZEmpC 44 Hong v Chevron Traffic Services Ltd [pdf, 203 KB]

   ...endangered the health and safety of members of the public and our Chevron staff traveling through the Stop/Go operation. 5.4 In reaching this decision I considered the following factors: a. Your repeated denials of any wrong doing despite the statements of staff at the site and the statement of the client. b. Your explanation in our meeting on the 7th of June that the RT channel was busy due to Chevron staff involved in the operation using it rather than there being an...

8. 2011 to 2014 Ministry of Justice statement of intent [pdf, 537 KB]

   Statement of Intent 2011 – 2014 E.64 SOI (2011) 1 Table of Contents Introduction from the Minister of Justice 1 Introduction from the Chief Executive 2 Who we are 3 Our responsibilities 4 Our sector outcomes 4 What we will do 5 Our performance framework 6 Making communities safer 8 Maintaining the integrity and improving the 9 responsiveness of the justice system Maintaining the civil and democratic rights of New Zealanders 11 How we work 13 Fewer, faster, fit for purp...

9. [2009] NZEmpC WC 23/09 Sandilands v CE of the Department of Corrections [pdf, 32 KB]

   ...Sandilands sought an extension of the 3-year time limit for commencing proceedings based on her personal grievances. The Authority declined that application (WA 67/09, 25 May 2009). She decided to challenge that determination but failed to file a statement of claim in the Court within the 28-day time limit for doing so. Ms Sandilands now seeks an extension of time in the Court. Background [2] The essential factual background is recorded in the opening part of the Authority...

10. DS v SI [2024] NZDT 729 (23 September 2024) [pdf, 118 KB]

    ...sale and purchase of real estate contains some very limited warranties, such as those contained in clause 9 of the agreement that applied to this sale, but generally, a purchaser takes a house at their own risk. 10. However, when a seller makes statements about the house being sold, the law requires that these statements are true. The law calls these statements “representations.” In real estate, the statements made by the vendor’s agent are the responsibility of the vendor under...