Search Results

1. [2015] NZEmpC 157 Labour Inspector v Cypress Villas Ltd full court [pdf, 515 KB]

   ...Authority issued on 3 April 2014. 1 The delays in getting the case to hearing arose because of difficulties in serving the defendant and the proposed second defendant. That was eventually achieved and the proposed second defendant has filed a statement of defence. The defendant has taken no step to defend the challenge and there is no cross-challenge by the defendant. [3] The Labour Inspector commenced proceedings in the Authority seeking to recover underpaid wages and holida...

2. McKeogh v Attorney-General (Referral back to Human Rights Commission) [2017] NZHRRT 2 [pdf, 210 KB]

   ...HUMAN RIGHTS COMMISSION 1 1 [This decision is to be cited as: McKeogh v Attorney-General (Referral Back to Human Rights Commission) [2017] NZHRRT 2.] 2 Introduction [1] By statement of claim filed on 21 July 2016 Ms McKeogh, Ms La Fauci and Mr Larsen allege that the spousal deduction from New Zealand Superannuation required by s 70(1) of the Social Security Act 1964 discriminates against them on the basis of fam...

3. [2022] NZEmpC 199 Urban Décor Ltd v Yu [pdf, 202 KB]

   ...should not be awarded for a three day hearing. In relation to the Court, she says that costs should reflect the fact that the challenge was not complicated and was dealt with on the papers. In light of that fact, she also submits that the costs claimed by the plaintiff are grossly exaggerated and that the defendants’ application for security for costs was not unreasonable. She submits that costs should be reduced because Ms Yu was successful on the 90-day issue and that the cla...

4. DT v BJ Ltd [2021] NZDT 1353 (21 January 2019) [pdf, 251 KB]

   ...AND BY EMAIL RESPONDENT BJ Limited Attn: KC AND BY EMAIL The Tribunal hereby orders: BJ Limited is to pay DT $19,800 on or before 21 February 2019. Reasons 1. DT is insured with BJ. On 28 June 2017, she filed a claim with BJ in relation to the theft of her car, a 2008 [Car] which she claimed was stolen outside her house on 27 June 2017. DT was interviewed by BJ’s Investigator on 29 July 2017. On 23 February 2018 BJ declined DT’s claim. She has n...

5. Lomax v Apatu – Awarua o Hinemanu Trust (2013) 22 Takitimu MB 282 (22 TKT 282) [pdf, 137 KB]

   ...Apatu Florence Maria Karaitiana, in person Judgment: 12 April 2013 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction Application for Injunction [1] Ngahape Lomax has filed an application for injunction against Wilson Apatu. He claims that Mr Apatu is unlawfully occupying a dwelling known as the Hinemanu Hut on the Awarua o Hinemanu Trust’s land (“the Trust”). Mr Lomax says while Mr Apatu had been authorised to occupy the dwelling for a short period of time...

6. [2009] NZEmpC CC 18/09 Grey v Director-General of Conservation [pdf, 34 KB]

   ...document relevance. [2] Susan Grey challenges by hearing de novo the determination of the Employment Relations Authority finding that she was dismissed justifiably from her employment as a solicitor with the Department of Conservation. In her statement of claim, which defines the issues for decision by the Court and, thereby, the relevance of documents, Ms Grey alleges that she was disadvantaged unjustifiably in her employment on 26 August 2008 and, subsequently, dismissed unjustif...

7. [2023] NZEmpC 136 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 214 KB]

   ...Stewart and D Church, counsel for plaintiff P M Muir and R Judge, counsel for defendant Judgment: 23 August 2023 INTERLOCUTORY JUDGMENT (NO 3) OF JUDGE J C HOLDEN (Challenge to objection to disclosure) [1] As part of her claim against the Vice-Chancellor of the University of Auckland (the University), Associate Professor Wiles says she was “singled out” for alleged non- compliance with the University’s outside activities policy in circumstances where th...

8. LU v CW [2024] NZDT 734 (21 September 2024) [pdf, 130 KB]

   ...because this is a private sale between individuals, no relevant warranties about the quality, or fitness for purpose, apply to the goods. 6. A seller is not obliged to point out faults or problems with goods they sell, however the law says any statements made by a seller can be amount to a misrepresentation if the statement(s) is false and induced the other party to enter into the contract. This law is found in section 35 CCLA. The law says it does not matter if the statement is inno...

9. [2015] NZEmpC 115 Lever v Dick and Alexander interlocutory [pdf, 177 KB]

   ...as to why the defendants would not be participating in the proceedings and why they regarded themselves as having no liability to the plaintiffs. The letter also contains a gratuitously scurrilous, irrelevant and apparently improperly motivated statement as to Mr Reid’s entitlement to represent the plaintiffs in these proceedings. That matter has been primarily dealt with in a minute of Chief Judge Colgan dated 19 May 2015. [3] It is unfortunate that the defendants have chose...

10. OB v BB [2023] NZDT 33 (7 February 2023) [pdf, 142 KB]

    ...Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 33 APPLICANT OB RESPONDENT BB APPLICANT'S INSURER (if applicable) X Ltd The Tribunal orders: The claim is dismissed as liability has not been established against either driver. Reasons 1. In October 2020, BB and the driver of OB’s car, BH, were both driving in the same direction down [Road A], with BB’s car originally being in fron...