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1. [2025] NZEmpC 118 Airways Corporation of NZ Ltd v Small [pdf, 202 KB]

   ...actions that occurred prior to 3 September 2022, particularly given that: (i) Mr Small is not claiming a course of conduct/continuum of conduct on the part of Airways; (ii) Mr Small has not pleaded the pre-3 September 2022 actions as evidence forming part of the context in which an action on or after 3 September 2022 is to be considered – rather, he has claimed that these earlier (pre-3 September 2022) actions themselves comprise actionable personal grievances; and (iii) Mr...

2. Zhong v Auckland Council [2011] NZWHT Auckland 32 [pdf, 264 KB]

   ...Crowe‟s evidence is based on invasive testing and none of the other experts concur with Dr Walls. Liability for the apron flashing defects [30] The panel of experts was asked to give their opinion on whether the apron flashings were formed correctly, the stage of construction when kick- outs should have been formed and the trade responsible. All experts agreed that the apron flashings were required to be installed with sufficient length to enable a diverter to be craft...

3. FC & KC v X Ltd [2023] NZDT 478 (28 August 2023) [pdf, 219 KB]

   ...unfit to continue, which they didn’t and weren’t. 32. Accordingly, the is no basis for X Ltd paying general damages for physical and emotional distress. Referee: L Mueller Date: 28 August 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

4. BK & KK v Q Ltd [2024] NZDT 405 (3 July 2024) [pdf, 101 KB]

   ...had confidence that the pump was fit for purpose, and that they were rejecting it under the Consumer Guarantees Act (“the CGA”). They added that they were not confident that Q Ltd could provide proper advice and installation services, and they requested a refund for the price of the pump. [6] KK and BK said that, despite that email, Q Ltd had proceeded to replace the motor. As they could not leave the property without a water supply, and had not received a refund to enable them to b...

5. BORA Iwi and Hapii of Te Rohe o Te Wairoa Claims Settlement Bill [pdf, 15 MB]

   ...with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable toss 20 and 27(2) of the Bill of Rights Act.3 Exclusion of remedy of compensation 10. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 11. This clause may be seen to raise the issue of consistency with s 27 (3) of the Bill of Rights Act, namely the right to bring c...

6. Tai Rakena v Corrections (Strike-Out Application) [2018] NZHRRT 19 [pdf, 84 KB]

   ...DECISION: 17 May 2018 DECISION OF TRIBUNAL1 [1] By application dated 4 May 2018 the Chief Executive, Department of Corrections has applied to have these proceedings struck out on the grounds: [1.1] The Tribunal lacks jurisdiction to hear the claim as no investigation has been conducted in terms of the Privacy Act 1993 (PA), s 82(1)(a). It is submitted the policy reasons in Gray v Ministry for Children (Strike-Out Application) [2018] NZHRRT 13 apply. [1.2] Mr Tai Rakena has f...

7. M (C M Trust) v Tower Insurance Ltd [2019] CEIT-2019-0012 [pdf, 213 KB]

   ...specified documents from Tower. They have taken care to particularise those documents they seek. They say that such documents are or may be relevant to issues before the Tribunal because they relate to their claim that Tower wrongly declined their requests to take steps to protect the dwelling from the weather and that loss and damage has arisen from that wrongful refusal. The steps allegedly required are referred to as the “make safe” repairs. [12] The grounds for Tower’...

8. Te Manutukutuku Issue 23 [pdf, 2.5 MB]

   ...Crown Research Institutes or health sector entities are subject to the protection mechanism. Land owned by regional or territorial authorities, State Owned Enterprises and some tertiary institutions are excluded. The Department of Survey and Land Information (DOSLI) will be responsible for sending a list of all sur­ plus land to iwi at regular intervals. The lists will also be published in national newspapers. Iwi will be given a minimum of 30 days to file their response. Information...

9. Berry v Rondel LCRO 130 / 2011 (26 April 2012) - Penalty Decision [pdf, 143 KB]

   ...that he did not protect Ms Berry’s interests when making arrangements to insure the property. 7) That Mr Rondel was in breach of Rules 7 and 7.1 in failing to report to Ms Berry following completion of the transaction. [3] In that decision, I requested that the parties provide submissions as to penalty orders and publication, which both parties have now done. Mr Rondel is now represented by Mr AK who has been appointed by Mr Rondel’s insurer. [4] Prior to reconvening the hear...

10. BD v F Ltd [2023] NZDT 773 (12 December 2023) [pdf, 156 KB]

    ...that date, or such later date as agreed between the parties, F Ltd can dispose of the bike as it sees fit. 56. The claim is dismissed. Referee: P Byrne Date: 12 December 2023 Page 6 of 6 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...