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1. Kani v MacDonald - Waimarama 3A6B6B Inc. (2021) 88 Takitimu MB 148 (88 TKT 148) [pdf, 331 KB]

   ...appointed? Ngā kōrero a ngā Kaitono - Applicants’ submissions [21] Mr Watson submitted, in effect, that the committee of management has a legal obligation to maintain proper accounting records, to have those records prepared as financial statements and to then have those statements audited and filed. Ngā kōrero a ngā Kaiurupare – Respondents’ submissions [22] Regarding the failure to undertake an audit, Ms Batt accepted that the committee had not completed audits for s...

2. IQ & WK v HK [2024] NZDT 134 (10 April 2024) [pdf, 222 KB]

   ...where each owner holds an undivided share without any exclusive possession of any parts of the property. There is no question that this was the basis on which the house was owned. The evidence of this is the lawyer’s file notes and a written statement in which HK gifted $100,000 to IQ. This also informs a presumption that costs will be shared. 16. I find that there was an agreed position that the parties would pay even shares for the mortgage payments, rates and outgoings (the Con...

3. [2024] NZIACDT 01 RN v Li (8 Janurary 2024) [pdf, 268 KB]

   ...to the Authority (13 August 2018), Registrar’s documents at 85–86 & 215–216. 4 Complaint letter (13 August 2018), Registrar’s documents at 13. 4 officer’s concerns and seeking a reconsideration of the decision. He enclosed a statement in English from the complainant (8 September 2017) explaining why a previous application in 2008 had been declined. [14] A second work visa application, linked to the same stone company, was filed by Mr Li on 19 September 2017. Th...

4. DX v I Ltd [2021] NZDT 1419 (28 April 2021) [pdf, 109 KB]

   (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1419 APPLICANT RESPONDENT DX RESPONDENT APPLICANT I Ltd The Tribunal orders: 1. I Ltd’s claim against DX is dismissed. 2. DX’s claim for non-liability is upheld. Reasons 1. In December 2016 DX telephoned I Ltd to book a service for a car. On 2 December 2016 I Ltd’s technician came to DX’s address and provided a quote for the work...

5. AX & KX v WB [2023] NZDT 246 (20 April 2023) [pdf, 201 KB]

   ...APPLICANT AX and KX RESPONDENT WB The Tribunal orders: 1. WB is to pay to AX and KX the sum of $637.23 on or before 12 May 2023. Reasons 1. AX and KX undertook fence repairs on their boundary with WB. They filed a claim seeking to be compensated for the cost of the repairs, and collection costs. The claim totalled $775.23. 2. WB considered that the damage did not result from her actions or property, and to the extent that it did, that she had not been...

6. [2014] NZEmpC 183 Scarborough v Micron Security Products Ltd interlocutory [pdf, 92 KB]

   ...requirements of fair process, Ms Scarborough would have been dismissed justifiably by reason of her redundancy. [8] In these circumstances, the Authority held that Ms Scarborough was not entitled to any lost remuneration and rejected her claim for reinstatement because it concluded that Micron had no work for her to do. The Authority awarded Ms Scarborough the modest sum of $750 under s 123(1)(c)(i) of the Act to compensate her for the distress that she suffered. Ms Scarborough wa...

7. CP Ltd v XL Ltd 2016 NZDT 906 (16 March 2016) [pdf, 123 KB]

   ...For example, CP says there was the same number of plates provided at settlement as stated on the chattels list, but staff on their first day told CP they were not the quality plates usually used in the restaurant. This has not been specifically claimed for, but I accept that it demonstrates the constraints on CP to carry out due diligence in some instances and the requirement for good faith in the performance of this, and any, contract. [18] For the above reasons, and in particular b...

8. Miscarriage of justice - backgrounder on compensation for wrongful conviction and imprisonment [pdf, 438 KB]

   ...claimants to: be alive at the time of application have served all or part of a sentence of imprisonment have received a free pardon or have had their convictions quashed on appeal without order of retrial. Investigation and determination of claims The Ministry of Justice initially assesses each claim. Claims meriting further assessment are referred by the Minister of Justice to a Queen’s Counsel for advice. The Queen’s Counsel then reports to the Minister on the merits o...

9. [2019] NZEmpC 74 Labour Inspector v Matangi Berry Farm Ltd [pdf, 216 KB]

   ...Hearing: On the papers Appearances: S Carr, counsel for plaintiff S-J Davies, counsel for first, second and third defendants Judgment: 14 June 2019 INTERIM JUDGMENT OF JUDGE M E PERKINS [1] These proceedings involve claims against the defendants by a Labour Inspector exercising powers under the Employment Relations Act 2000, the Minimum Wage Act 1983 and the Holidays Act 2003. In making the claims, the Labour Inspector is acting on behalf of 207 p...

10. Archived May 2015 - Compensation for wrongful conviction and imprisonment [pdf, 1.5 MB]

    ...claimants to: be alive at the time of application have served all or part of a sentence of imprisonment have received a free pardon or have had their convictions quashed on appeal without order of retrial. Investigation and determination of claims The Ministry of Justice initially assesses each claim. Claims meriting further assessment are referred by the Minister of Justice to a Queen’s Counsel for advice. The Queen’s Counsel then reports to the Minister on the merits of th...