Search Results

1. MacMillan v NZ Parole Board [2013] NZHRRT 3 [pdf, 61 KB]

   ...AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey, Member Mr RK Musuku, Member REPRESENTATION: Mr AR MacMillan in person Ms VJ Owen for Defendant DATE OF DECISION: 31 January 2013 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM The application [1] This is an application by the defendant that these proceedings be summarily dismissed ahead of trial on the grounds that the proceedings are clearly untenable as a matter of law. [2] In Mackrell v...

2. HU v UX [2022] NZDT 115 (20 September 2022) [pdf, 198 KB]

   ...using the fridge constantly and the hobs nightly”. UX also said “I have barely used the inbuilt diesel heater as the van is nice and warm, but when I have used the heater, it is incredible, warms the whole van quickly”. (b) I am satisfied the statements about the fridge and heater are sufficient to represent that both the fridge and heater are in working order. That is the reasonable reading of the wording by a reasonable prospective purchaser. (c) In relation to the fridge, I a...

3. [2020] NZEmpC 29 Maharaja India Ltd v A Labour Inspector [pdf, 204 KB]

   ...determining that MIL was the employer, and not Mr Raizada personally, the Authority ordered MIL to pay a total of $59,390.47 to the three employees. It is this order which was the subject of the proposed challenge. [4] Soon after the filing of the statement of claim raising the challenge, the Labour Inspector filed an application to strike it out. That application was served on Mr Raizada at the address for service given for both plaintiffs in the statement of claim, on 21 Novemb...

4. LC & NS v O Ltd [2024] NZDT 462 (13 June 2024) [pdf, 208 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 462 APPLICANT LC APPLICANT NS RESPONDENT O Ltd The Tribunal orders: 1. O Ltd must supply, at its cost, a pink “[redacted]” single bed headboard to LC and NS within 21 days of the date of this order. 2. If O Ltd fails to comply with order 1 above by the due date, O Ltd must pay LC and NS the sum of $500.00 immediately.

5. [2021] NZACC 102 – Broad v ACC (16 November 2021) [pdf, 632 KB]

   ...McGUIRE [Section 32 Treatment Injury – Causation Accident Compensation Act 2001] ____________________________________________________________________ [1] This is an appeal against ACC’s decision of 24 May 2011 declining the appellant’s claim for a treatment injury in the course of and immediately following the birth her third child at Taranaki Base Hospital on 22 November 2007. Background [2] The appellant was admitted to the delivery suite at Taranaki Base Hospital at...

6. Granting Aid for Waitangi Tribunal Matters Policy v3.pdf [pdf, 522 KB]

   ...waitangilegalaid@justice.govt.nz. 59. The application must be: (a) Made on the prescribed form (Form 14): • Fully completed including ensuring that the Wai number is clearly identified. • Signed by a named claimant (who is identified in the statement of claim). Please note that the name on the legal aid application form must exactly match that of a claimant identified in the statement of claim. If other names are used by the claimant, then these must be noted in the application...

7. QB v OL [2021] NZDT 1563 (7 December 2021) [pdf, 164 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1563 APPLICANT QB RESPONDENT OL The Tribunal orders: 1. The claim is dismissed. Reasons 1. On 6 July 2019, QB agreed to sell a section in [Town] to OL and Ms S (the purchasers) for $325,000.00. 2. At the time of the sale, title had not yet been issued for the section, as it was part of a subdivision which...

8. NT v SQ [2023] NZDT 498 (31 October 2023) [pdf, 176 KB]

   ...35 provides for damages where a party to a contract has been induced to enter into it by a misrepresentation, whether innocent or fraudulent, made to that party by or on behalf of another party to the contract. In law, a misrepresentation is a false statement of past or present fact. 9. The buyer said that the seller appeared to have some mechanical knowledge, as he offered to fix the issues initially identified himself. I therefore find that the seller’s statement that the car had no...

9. [2010] NZEmpC 142 Wang v Hamilton Multicultural Services Trust [pdf, 75 KB]

   ...AA449/09. 2 [2009] ERNZ 322. determination on 8 February 2010 transferring the proceedings, based on the allegation of discrimination, to the Court so that they could be heard along with the challenge.3 [7] Mr Wang has filed a separate statement of claim in respect of each proceeding. The pleadings [8] In many ways the sequence of events giving rise to the allegations of discrimination were a pre-cursor to the decision to restructure the management roles within th...

10. [2024] NZEmpC 157 Hall v Fire and Emergency New Zealand [pdf, 314 KB]

    ...informally, at least in the first instance. [20] However, although the employer must know what it is responding to, it is unnecessary for all of the detail of a grievance to be disclosed in its raising, as is required, for example, by the filing of a statement of problem in the Authority.6 4 Employment Relations Act 2000, s 114(7). 5 Chief Executive of Manukau Institute of Technology v Zivaljevic [2019] NZEmpC 132 (footnotes omitted). 6 Creedy v Commissioner of Police [200...