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1. DX & QX v T Ltd [2023] NZDT 215 (27 April 2023) [pdf, 99 KB]

   ...facts were not in dispute. In May 2020, the applicants purchased a [house], which had been constructed in the 1970s. Before completing the purchase, the applicants engaged T Ltd to carry out a building inspection. The report included the following statements: Overview Floor levels were carried out with a Zip level showing the levels are out however the house has been constructed this way ….. Levels We found an approximate difference of 76mm across the house. MBIE guidelines are 5...

2. [2019] NZEmpC 81 Emmanuel v Waikato District Health Board [pdf, 300 KB]

   ...(a) the Waikato DHB’s investigation was not fair; and (b) Mrs Emmanuel’s conduct on 24 and 25 July 2017 and during the investigation, did not constitute serious misconduct justifying summary dismissal. [6] Mrs Emmanuel seeks reinstatement, lost wages from the date of her dismissal and compensation of $20,000 for hurt and humiliation. Mrs Emmanuel is represented by her husband, Mr Arthur Emmanuel, so has not incurred legal fees, but she does seek reimbursement of the...

3. Andrews v Commissioner of Police (Costs) [2014] NZHRRT 31 [pdf, 51 KB]

   ...jurisdiction to award costs is necessarily different, if not unique. [7.3] The incorporation of a civil litigation rule into a system for the determination of New Zealand’s human rights obligations is deeply problematical. The form of proceedings (statement of claim, statement of reply, oral evidence and adjudication by a tribunal of three persons) may in some respects resemble conventional civil litigation but form must not be confused with substance. That “substance” is the...

4. 2018 NZSSAA 006 (25 January 2018) [pdf, 114 KB]

   ...filed on 17 May 2016 included a 2015 financial year income tax return for the appellant as an individual tax payer and income tax return for A Limited. He also provided earning and income details for his wife and self-prepared profit and loss statements for his self-employed income and income earned in companies, and details of his consulting income for the 2016 financial year. However, the information about his gross weekly income on the childcare subsidy application form did not...

5. [2019] NZEmpC 191 Rachelle v Air New Zealand Ltd [pdf, 448 KB]

   ...dismissed her claims.1 1 Rachelle v Air New Zealand Ltd [2017] NZERA Christchurch 140. [3] Ms Rachelle challenged the determination. The challenge [4] Ms Rachelle’s fifth amended statement of claim alleged personal grievances against Air New Zealand encompassing eight causes of action. They were allegations of workplace discrimination, harassment and bullying within the workplace, breaches of 12 unspecified workplac...

6. [2009] NZEmpC AC 37/09 Real Cool Ltd v Gunfield [pdf, 31 KB]

   ...dismissed and, if so, justifiably. Ms Gunfield also alleges that she was disadvantaged in her employment by unjustifiable action by her employer that also amounts to a personal grievance for which she should be compensated. There are also associated claims against Real Cool Limited (“Real Cool”) for penalties for failure to provide an employment agreement and for failure or refusal to provide copies of wage and time records. [2] This is a very different proceeding than was c...

7. BG Ltd v EE & DE [2020] NZDT 1557 (26 August 2020) [pdf, 218 KB]

   ...Subpart 2). Although BG seems to have made the initial disclosure for each loan correctly, it failed to comply with some of the requirements for subsequent disclosures. 12. Every six months from the start of each loan, BG issued a Continuing Disclosure Statement. While most of the required information was included in these statements, BG did not disclose CI0301_CIV_DCDT_Order Page 3 of 5 the annual interest rate or rates during the statement period, expressed as a percentage or per...

8. IT & NH v UN Ltd [2022] NZDT 163 (25 October 2022) [pdf, 257 KB]

   ...$1,240.00 (50%) as a deposit. When the model was available, Mr O of the Responder sent photos of the model to the Applicants. The Applicants were not happy with the results and refused to pay the remainder. They asked for a refund. They then filed a claim for a refund in the Disputes Tribunal. The Respondent filed a counterclaim for the amount outstanding. 2. This is a claim for a refund and a counterclaim for the remaining balance to be paid, both in the sum of $1,240.00....

9. NB v CF & MF [2024] NZDT 515 (13 August 2024) [pdf, 214 KB]

   1 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 515 APPLICANT NB RESPONDENT CF & MF The Tribunal orders: The claim is dismissed. Reasons: 1. On 7 October 2020 NB signed a contract to purchase a property from CF and MF for $375,000. On 29 October NB’s solicitor wrote to the vendor’s solicitor that the LIM had shown there were unconsented works on the property and the building report noted a potenti...

10. HT v IF Ltd [2024] NZDT 333 (24 April 2024) [pdf, 217 KB]

    ...breach by IF Ltd a breach of an essential term, or one which substantially reduced the benefit of the contract to HT? d. If so, is HT entitled to repayment of some, or all, of the sum paid? Is he entitled to payment of any or all of the $1,000.00 claimed? What effect do the terms and conditions have? e. Has IF Ltd failed to carry out services with reasonable care and skill as required by the Consumer Guarantees Act 1993? f. If so, what remedy is available? g. Has IF Ltd engaged in...