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1. Mihaka v Housing New Zealand Corporation (Dismissal) [2017] NZHRRT 29 [pdf, 278 KB]

   ...out our reasons for granting that application. 1 [This decision is to be cited as: Mihaka v Housing New Zealand Corporation (Dismissal) [2017] NZHRRT 29.] 2 [2] The statement of claim was filed on 30 November 2015. A reply by HNZC followed on 23 December 2015. Since that time every effort to hear and determine the case has been thwarted, sometimes by Mr Mihaka and sometimes by circumstances. Some fourteen case managem...

2. Allan v Christchurch City Council [pdf, 81 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2008-100-0000110 BETWEEN WILLIAM & GILLIAN ALLAN Claimants AND CHRISTCHURCH CITY COUNCIL First Respondent AND EUROPEAN PLASTER & DESIGN LIMITED Second Respondent AND BERNARD LAWRENCE O’FAGAN Third Respondent AND BRENT HOBBS (REMOVED) Fourth Respondent AND JOHN LINDSAY JAMES CURTIN (REMOVED) Fifth Respondent AND PETER SLOANE (REMOVED) Sixth Respondent AND ALEX O’DONNELL Seventh Respondent

3. [2011] NZEmpC 99 Broughton v Microsoft NZ Ltd [pdf, 77 KB]

   ...enable them to have the best chance of a well informed settlement. [4] As in all document disclosure disputes, it is necessary to put the objections and the plaintiff’s challenge to them in the context of the fundamental pleadings, the amended statement of claim (dated 18 July 2011) and the statement of defence (dated 28 April 2011) to the statement of claim (dated 24 March 2011). There is not, as yet, a statement of defence to the plaintiff’s amended statement of claim but I w...

4. E Ltd v XD [2024] NZDT 783 (18 November 2024) [pdf, 205 KB]

   (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 783 APPLICANT E Ltd RESPONDENT XD The Tribunal orders: The claim is dismissed. Reasons Introduction 1. In 2019, XD had dental work completed by E Ltd. The cost of the dental work was $65,000.00. XD agreed to pay a deposit and pay off the remainder by weekly instalments. 2. In October 2020, E Ltd was placed into receivership. In April 2022, E Ltd came out of receivership. A...

5. ADM Ltd v ZWN and ADN v ZWM [2011] NZDT 162 (14 January 2011) [pdf, 104 KB]

   ...staff. That discovery is certainly something that ADM Ltd will need to address to avoid liability for misleading customers in the future in relation to the coverage of its damage waiver. In the present case, ADM Ltd staff did not actually make any statements regarding the extent of coverage under the damage waiver nor was any enquiry along those lines made by ZWN at the time and so it cannot be said that ZWN was misled by ADM Ltd’s staff. [17] ADN presented a lette...

6. [2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 427 KB]

   ...of Performance Cleaners, Mr Barron, on the other. That required a consideration of some of their personal interactions, including a contracting-out agreement under the Property (Relationships) Act 1976, correspondence and multiple bank statements. This material was relevant to a wide range of causes of action, where in summary a claim for $311,080.48 plus interest was sought by the company from Ms Chinan on the basis that she had made unauthorised wage and holiday payments...

7. [2012] NZEmpC 197 Maritime Union of NZ v Ports of Auckland Ltd [pdf, 71 KB]

   ...defendant Judgment: 20 November 2012 Reasons: 23 November 2012 REASONS FOR ORAL JUDGMENT OF JUDGE B S TRAVIS [1] At the conclusion of the chambers hearing, I advised the parties that I declined leave to the plaintiff to amend its statement of claim and granted the adjournment sought by the defendant. These are the reasons for those decisions. Leave to amend [2] On 31 October 2012 the plaintiff (MUNZ) applied for leave to file a second amended statement of clai...

8. McCreath v Attorney-General (Costs) [2016] NZHRRT 4 [pdf, 55 KB]

   ...person cannot be held to the same standards as a represented party, Mr McCreath could have withdrawn the proceedings earlier, thereby saving the other parties considerable trouble and expense. He had had disclosure as well as the defendants’ witness statements since 6 October 2015. The last minute withdrawal was, at the least, discourteous. [14.3] The witness statements filed in advance of the hearing demonstrated a conflict in the evidence on the key points of the claim. In the ab...

9. Index to the Wai 1040 inquiry [pdf, 1 MB]

   ...WAI 1040 COMBINED RECORD OF INQUIRY FOR TE PAPARAHI O TE RAKI PART I: RECORD OF PROCEEDINGS Document dates are: • Date of signature for documents generated by the Tribunal • Date received for documents filed with the Tribunal 1. STATEMENTS 1. 1 STATEMENTS OF CLAIM 1.1.0001 Wai no: 24, 1.1 Date of SOC: 03 Sep 85 Date received: 13 Sep 85 Claimant: Tiata Witehira, K Witehira (deceased), T Tohu (deceased) Representing: Ngaitawake Concerning: Rates on Maori Land Status:...

10. [2025] NZEmpC 139 Epiphany Donuts Ltd & Ors v Satija (Judgment of Chief Judge Inglis, 8 July 2025) [pdf, 199 KB]

    ...affidavit. The same day Registry staff explained that the applicants were within time to file a challenge but went on to say that if they wished to file an application for leave to extend time it must be filed with an affidavit, along with a draft statement of claim. On 17 January 2025 Mr Azucena responded by saying he was having difficulty finding a lawyer, because of cost. [5] On 23 January 2025 Mr Azucena filed an application for leave to extend time, a supporting affidavit a...