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1. T Ltd v X Ltd [2023] NZDT 521 (28 September 2023) [pdf, 107 KB]

   ...Nor, said NQ, had T Ltd changed its bank account, but it continued to retain the 02 number. Thus, said T Ltd, some unknown person must have hacked its email account. FW had gone to a local police station to report what had happened, but had been informed that it was not a matter that the police would deal with. [10] CD said that the computer that he regularly used for emailing with his [email address] was located in the premises of T Ltd. Although any one of four of T Ltd’s employee...

2. S Ltd v TD [2024] NZDT 678 (5 September 2024) [pdf, 224 KB]

   ...written agreement. BN had the contract on her laptop, and TD signed it on the screen. TD paid BN $6,000.00. [6] Subsequently, as the parties discussed the arrangements for removal of the villa, a dispute arose about the date for settlement. BN informed TD that payment of the $7,000.00 balance would be expected from TD on 14 February. TD replied, saying that she regarded the due date as 28 February, and she could not pay the balance before then. The parties’ subsequent texts indicate th...

3. II v XQ Ltd [2021] NZDT 1610 (6 July 2021) [pdf, 178 KB]

   ...difficulty of reading it. [4] II denied that he had a contract with XQ Ltd because, he said, the sign had been difficult to read. As the sign could be read only after he had entered the car park, his argument was that no contract could have been formed at the time he drove in. He also argued that, if a contract had been formed (which he did not accept), a fee of $65.00 could not reasonably be charged by XQ Ltd. This was because he considered the sum was a penalty, and did not reflect any...

4. NG v TF [2022] NZDT 18 (24 February 2022) [pdf, 195 KB]

   ...whether TF agree to pay for the cost to replace the glass and if she is liable to pay the amount claimed of $462.30? Did TF agree to pay for the cost to replace the glass? If so, is she liable to pay $462.30? 4. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. A contract does not have to be in writing for it to be enforceable. 5. NG said TF agreed...

5. NM v BU Ltd [2021] NZDT 1580 (24 June 2021) [pdf, 210 KB]

   ...his claim. Having carefully considered all the issues I find that NM has not proven the tow fee should be refunded and therefore must dismiss his claim. Referee: P McKinstry Date: 24 June 2021 Page 3 of 3 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 re...

6. [2015] NZEmpC 200 South Pacific Meats Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 177 KB]

   ...1, at [12]. 3 At [13]. [8] The plaintiff’s case is that the Union had advised of only four current union members employed at its Awarua and Melvern plants, two at each plant. In respect of the Awarua plant, the plaintiff says that requests for access by the Union since the beginning of October 2014 numbered 15 while the day shift was operating, and eight during periods when the night shift was at work. Of those 23 intended visits, the plaintiff says that it refused ac...

7. Harland v ACC [2012] NZACA 6 [pdf, 408 KB]

   ...application with written submissions. [6] Mr Nee Harland filed the application by way of a simple letter, which I accept as amounting to an application by Ms Nee Harland to reinstate the appeal under ACA No. 02/05. [7] The Corporation filed a formal opposition and submissions from Mr McBride, with a bundle of relevant documents and a supporting affidavit from Mark Davis, who was employed by the Corporation as an Improvement Analyst between 2002 and 2008, to address the large volum...

8. EMPC Old dogs new tricks conference presentation [pdf, 239 KB]

   ...advocate is acting for, unless the parties agree otherwise. The parties must not undermine or do anything that is designed to undermine the bargaining or the authority of the other in the bargaining. The parties must provide to each other, on request and in accordance with s 34, information that is reasonably necessary to support or substantiate claims or responses to claims made for the purposes of the bargaining. 5 The parties to bargaining are not required to continue to...

9. E82 Martin Te Moni - EIC - Ngaati Whanaunga [pdf, 1.8 MB]

   ...other iwi in the area. We inherited our customary rights and interests in Waitemataa and the surrounding area through our tuupuna and ahi kaa roa. 13. Ngaati Whanaunga do not view our whenua, moana and other taonga solely for their physical form. They also embody the cultural and spiritual values associated with our past. The cultural and spiritual significance of our taonga increases where they are associated with important tuupuna and events that were significant to the mana...

10. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

    ...author of another letter of complaint about Ms Mackay), and three other staff. 6 [13] In the course of these interviews, Mr McLennan coached Ms X on how to avoid inflammatory situations. He also recorded that Ms Y was willing to attend some form of mediation to restore a harmonious work environment. 7 Ms Mackay was not informed about these matters at the time. Nor had anyone spoken to her about obtaining support from an Employee Assistance Programme. 8