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1. Wilton TRI-2021-100-002 Procedural Order 27 [pdf, 311 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2021-100-002 BETWEEN HELEN BERNADETTE O’SULLIVAN, FIONA CHERIE WHITE & ANDREW RODGER WILTON as trustees of the WILTON FAMILY TRUST Claimants AND DEANE FLUIT BUILDER LTD First Respondent AND TAB DESIGN LTD (Removed) Second Respondent AND TILING SOLUTIONS WANAKA LTD Third Respondent AND QUEENSTOWN LAKES DISTRICT COUNCIL Fourth Respondent AND HEMPEL (WATTYL) NEW ZEALAND LTD formally called VALSPAR PAINT

2. Morunga v Chief Executive of the Department of Corrections (Strike-Out) [2023] NZHRRT 28 [pdf, 184 KB]

   ...REPRESENTATION: Mr C J Tennet for plaintiff Mr D P Neild and Ms V N Rea for defendants DATE OF HEARING: Heard on the papers DATE OF DECISION: 18 September 2023 DECISION OF TRIBUNAL1 [1] Ms Morunga filed her statement of claim in the Tribunal on 19 March 2020. Ms Morunga alleges that the Department of Corrections (Corrections) interfered with her privacy by not responding to her request for personal information within the required timeframe under the Privacy...

3. [2023] NZEmpC 29 Bowen v Bank of New Zealand [pdf, 202 KB]

   ...defendant Judgment: 28 February 2023 INTERLOCUTORY JUDGMENT (NO 3) OF JUDGE J C HOLDEN (Appearance under protest to jurisdiction; application to dismiss proceedings; application for non-publication) [1] Ms Bowen filed her statement of problem in the Employment Relations Authority (the Authority) in 2017. She claims she was unjustifiably dismissed and unjustifiably disadvantaged by the Bank of New Zealand (BNZ) in retaliation for her raising concer...

4. [2019] NZEmpC 198 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd [pdf, 379 KB]

   ...not previously been employed by that employer. Those changes are not relevant to this proceeding because the employment agreement was entered into in July 2018, and the new provisions are not retrospective. The challenge [14] Mr Jobbitt’s statement of claim challenged paragraphs [36], [37] and [38] of the determination. Paragraph [36] reads: [36] Sections 67A and 67B of the Act and Mr Jobbitt’s employment agreement do not state that for notice of termination under the tri...

5. [2008] NZEmpC AC 15A/08 Potter v Australian Consolidated Press NZ Ltd [pdf, 29 KB]

   ...trial. Conclusion [20] For all these reasons I consider the justice of the case requires that the extension of time sought ought to be granted. [21] The granting of leave is subject to the plaintiff paying the filing fee and filing his statement of claim in the Court within 7 days from the date of this judgment. [22] Once the statement of claim has been filed and endorsed by the Registrar it is immediately to be served on the defendant’s address for service. [23] The de...

6. [2009] NZEmpC AC 29/09 Ogilvy NZ Ltd v Whitten [pdf, 26 KB]

   ...Judgment: 14 August 2009 JUDGMENT OF B S TRAVIS [1] The applicant, Ogilvy New Zealand (Ogilvy NZ) has applied for leave to challenge out of time a costs determination of the Employment Relations Authority issued on 31 March 2009. The statement of claim challenging the determination was two days late. The application for leave has been opposed by the respondent. [2] With the agreement of counsel, it was determined that, in order to avoid further costs, the matter sho...

7. Dooley v Canterbury District Health Board (Strike-Out Application) [2018] NZHRRT 34 [pdf, 167 KB]

   ...document. It confirms: [4.1] Only the SCDHB was investigated by the Privacy Commissioner. [4.2] The only rules of the Code which had been the subject of the investigation were rules 6 and 7. [4.3] No breach of rules 6 and 7 had been found. The statement of claim [5] By statement of claim filed on 9 February 2016 Mr Dooley alleged that both the Canterbury District Health Board (CDHB) and the SCDHB had breached not only rules 6 and 7 but also rules 5 (which governs the way health i...

8. Impact of Treaty on Government Agencies report [pdf, 286 KB]

   ...continue constructive discussion and a sharing of ideas. At the centre of any major consideration for the improvement of race relations is the Treaty of Waitangi. It marked the beginning of nationhood and lies at the heart of many Maori grievances and claims of injustice.” The President of the Court of Appeal, Sir Robin Cooke, in the Court’s judgment on the case in 1987 arising from the State-Owned Enterprises Act 1986, made the following comment : Impact of Treaty on Government A...

9. [2012] NZEmpC 13 Maritime Union of NZ v C3 Ltd [pdf, 70 KB]

   ...relevant hourly rates for a partner, senior associate, solicitor and law clerk in both 2009 and 2010 were provided. Counsel for the defendant advised that, in addition to the usual steps taken in respect of any challenge, including the filing of the statement of defence and preparing submissions and evidence, this case required extensive research as to the way in which jurisdictions overseas dealt with the issue of the lifting of the “corporate veil”. [9] The memorandum also a...

10. TX & AS v WU and ors [2023] NZDT 88 (22 March 2023) [pdf, 194 KB]

    ...cautious, as the risk is his and not that of the seller. 13. The Contract and Commercial Law Act qualifies the principle of caveat emptor. It sets out the law governing misrepresentation which applies to contracts. A misrepresentation is a false statement of fact which is made before or at the time the contract is made, and which induces a person to enter into that contract. A vendor has no positive duty to disclose or point out any defects in a property, but they must not conceal def...