Search Results

1. Cheng v Corrections [2025] NZHRRT 7 [pdf, 332 KB]

   ...November 2020, were required to comply with the IPPs prescribed in the PA and to apply the relevant provisions the PA. Accordingly, references in this decision are to the relevant sections of the 1993 Act, unless otherwise specified. 3 Mr Cheng’s statement of claim dated 25 March 2021 at paragraphs 2 to 4. 4 Due to the imprecise nature of the pleadings, by memorandum dated 2 August 2024 these issues were proposed by Corrections, not objected to by Mr Cheng and are adopted by the Tribuna...

2. [2012] NZEmpC 142 Horton Media Ltd [pdf, 212 KB]

   ...conduct that allegedly occurred some 7 months previously. [35] I agree with that submission. While employers face an array of health and safety obligations and are to be commended for taking any initiatives through employment agreements or policy statements to meet such obligations, their managerial prerogatives in any given case may well be constrained by relevant statutory obligations or the provisions of relevant employment agreements. In such circumstances, the employer is re...

3. QN Ltd v SL [2020] NZDT 1337 (5 March 2020) [pdf, 205 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2020] NZDT 1337 APPLICANT QN Limited RESPONDENT SL The Tribunal hereby orders: The claim is dismissed. Reasons 1. QN Limited (Q) acted for Mr L seeking to obtain improved compensation from EQC following damage to the property owned by Mr L. Mr L obtained further compensation from EQC of $120,000. Q says $3,200 of that sum...

4. [2021] NZEmpC 29 Gestro v Relph [pdf, 239 KB]

   ...information that was directly relevant to the issue which is before the Court. The first email contained information as to governance matters which would be relevant to the s 6 analysis; the second, third and fourth emails contained threatening statements, relevant to Mr Relph’s credibility which would also be an aspect of the s 6 analysis. [16] Turning then to s 57(1) of the EA, which relates to privilege for settlement negotiations, Mr McKenzie-Bridle submitted that the first e...

5. Manuel v Waitakere City Council [pdf, 70 KB]

   ...UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of an Adjudication BETWEEN NEIL EUAN MANUEL, MARGARET MARY MANUEL AND THE PUBLIC TRUST as Trustees for the N & M MANUEL FAMILY TRUST Claimant AND WAITAKERE CITY COUNCIL First Respondent AND BRIAN ELLIOT Second Respondent AND REX W LITTLE AND ASSOCIATES Third Respondent AND PLYTECH INTERNATIONAL LTD Fourth Resp

6. DH v KQ [2021] NZDT 1654 (9 November 2021) [pdf, 203 KB]

   ...a misrepresentation about the scooter by stating the motor was 60V? 4. The Contract and Commercial Law Act 2017 (CCLA) provides remedies for people who are induced to enter into a contract by a misrepresentation. A misrepresentation is a false statement of fact. A misrepresentation may be made innocently or fraudulently. The Consumer Guarantees Act 1993 does not apply as this was a private contract and the seller is not in trade. 5. The specs KQ copied from another website stated tha...

7. File a challenge

   ...regarding cross-challenges dated 1 May 2014. What happens after you have initiated a challenge You must advise the registry, by a letter or email, when and how you served the defendant. The defendant will have 30 days from the date of service to file their statement of defence. The statement of defence will be served on you at the address of service you provided in your statement of claim. Once the defence is filed the registry will organise a directions conference with a judge. If no de...

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8. [2015] NZEmpC 132 Waterford Holdings Ltd v Morunga [pdf, 197 KB]

   ...required. That resulted in Mr Morunga contacting the Court following which a telephone directions conference was held in which he participated. In the course of that conference, directions for the hearing were given, including a direction that a statement of defence should be filed and served; and a date of hearing was also fixed. Subsequently a minute which recorded the Court’s directions and a formal notice of hearing were provided to Mr Morunga. Ultimately Mr Morunga advise...

9. [2021] NZEmpC 231 A Labour Inspector of the Ministry of Business, Innovation and Employment v JDFOODS Ltd [pdf, 242 KB]

   ...Minimum Wages Act 1983 and the Holidays Act 2003. She says $57,249.93 is owed to three former employees. The Labour Inspector considers that Deepti and Jayant Kaushal are persons involved in breaches committed by JDFOODS. She accordingly filed a statement of problem with regard to those matters in the Employment Relations Authority on 8 June 2021. [7] A comprehensive statement in reply was filed for the respondents on 8 September 2021. The breaches are denied. The respondent...

10. Auckland Standards Committee v Sorensen [2011] NZLCDT 10 [pdf, 189 KB]

    ...bring to the attention of beneficiaries their entitlements under the will; and/or, (c) made those distributions within 6 months from grant of probate without taking any steps to bring to the attention of beneficiaries and/or other possible claimants the intention to distribute; and/or, (d) made those distributions without seeking advice as to his duties or seeking directions from court; and/or, (e) made those distributions without seeking agreement of beneficiaries or d...