Search Results

1. [2013] NZEmpC 105 B v Virgin Australia (NZ) Employment & Crewing Ltd [pdf, 69 KB]

   ...balancing the factors before me I do not consider that permanent non-publication is consistent with the overall interests of justice. As was observed in Ryan v Auckland District Health Board and XY, 17 the importance of maintaining a system of law which has the confidence of society at 15 HC Wellington CP129/99, 17 June 1999, at 5. 16 See, for example, Gravatt v The Coroners Court and Auckland District Health Board [2013] NZHC...

2. NC v Accident Compensation Corporation (Late Filing of Appeal) [2022] NZACC 192 [pdf, 158 KB]

   ...since the reviews that are the subject of the appeals being determined, and the notices of appeal being 3 filed, the appellant had lodged a significant number of reviews, with more than 40 active reviews awaiting determination. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be received by...

3. TTC v BL [2013] NZIACDT 25 (4 April 2013) [pdf, 90 KB]

   ...provided evidence of holding funds. [19.4] During the period to the end of July there was regular communication regarding the need for payment. This was treated as urgent on 29 July 2010, and Ms BL told Mr TTC he was only one day away from being unlawfully in New Zealand as his visa was to expire. Mr TTC said his friend had deposited $1,000 into Ms BL’s bank account. [19.5] Ms BL could not verify the payment. Accordingly, at her own expense she paid the application fee and lodged t...

4. [2020] NZEmpC 229 Lorigan v Infinity Automotive Ltd [pdf, 223 KB]

   ...(b) was responsible for diverse unjustified actions which constitute a continuing pattern of conduct towards him, thus constituting an unjustified disadvantage personal grievance; (c) unjustifiably dismissed him; (d) is responsible for the unlawful enforcement of a restraint of trade provision; and (e) breached his employment agreement by failing to pay commissions. [6] A range of remedies have been sought. 1 Lorigan v Infinity Automotive Ltd [2017] NZEmpC 153; Lorigan v Infi...

5. KH v J Ltd [2024] NZDT 166 (5 February 2024) [pdf, 238 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 166 APPLICANT KH RESPONDENT J Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. In September 2022 KH took his vehicle to J Ltd for a replacement of a headlight bulb and rear interior bulbs. 2. When he next took his vehicle for a warrant of fitness (WOF), the vehicle did not pass. KH said that was, in part, due to

6. BL & DL v L Ltd & V Ltd [2023] NZDT 304 (9 August 2023) [pdf, 191 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 304 APPLICANT BL and DL RESPONDENT L Ltd RESPONDENT V Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. BL and DL purchased a [redacted] shade umbrella from L Ltd in November 2021 after they viewed the designs and fabric at L Ltd’s showroom. The umbrella was installed In January 2022,

7. Hall v Auckland Council [2012] NZWHT Auckland 6 [pdf, 228 KB]

   ...argues that Mr Hall failed to take the opportunity to obtain an updated report when the title failed to issue by the due date, delaying settlement by some months. 13 S Todd (ed) The Law of Torts in New Zealand (5 th ed, Thomson Reuters, Wellington, 2009) at 21.2.05. 14 At [111]. 33 [89] The Council submits that Mr Binnie was negligent because the pre-purchase report, also prepared by Futuresafe, purchased...

8. [2021] NZEnvC 074 Greenarces Waiheke Limited v Auckland Council [pdf, 2.2 MB]

   ...allow an application for resource consent to be prepared, lodged, processed, and determined, Greenacres would be able to maintain its current operation, which is essential to Waiheke Island, without compromising the environmental outcomes. The law [20) Before granting a stay of abatement notice, under s 325(3D) of the Act an Environment Judge must consider: (a) what the likely effect of granting a stay would be on the environment; (b) whether it is unreasonable for the person to...

9. Mfe T Ensor Supplementary evidence on pRPS 20 July 2021 [pdf, 197 KB]

   ...BETWEEN OTAGO REGIONAL COUNCIL Applicant AND MINISTER FOR THE ENVIRONMENT Section 274 Party SUPPLEMENTARY STATEMENT OF EVIDENCE OF TIMOTHY ALASTAIR DEANS ENSOR FOR THE MINISTER FOR THE ENVIRONMENT 20 July 2021 CROWN LAW TE TARI TURE O TE KARAUNA PO Box 2858 WELLINGTON 6140 Tel: 04 472 1719 Fax: 04 473 3482 Contact Person: Rosemary Dixon rosemary.dixon@crownlaw.govt.nz / dhilum.nightingale@mfe.govt.nz/peter.bevan@mfe.govt.n mailto:rosemary....

10. WN v BC & BQ Ltd [2023] NZDT 675 (20 November 2023) [pdf, 227 KB]

    CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 675 APPLICANT WN FIRST RESPONDENT SECOND RESPONDENT BC BQ Ltd The Tribunal orders: BQ Ltd and BC are jointly and severally liable to pay $5850.00 to WN on or before 18 December 2023. Reasons 1. WN engaged BQ Ltd to provide plumbing services for her house renovation. BC for BQ Ltd provided a written quotation for $15