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1. FD v WJ Ltd & LD Ltd [2015] NZDT 1465 (10 December 2015) [pdf, 147 KB]

   ...policy at any time and refund the premium. Since WJ was free to take this step without needing any reason, I find that FD’s loss of cover for the ABS failure was caused not by the actions of LD as WJ’s agent, but by WJ’s free choice to cancel as permitted under the contract. Therefore it cannot be recovered as a consequential loss. 14. FD argued that he had lost the opportunity to obtain an alternative MBI policy, but WJ gave evidence that MBI insurers do sell direct to the publi...

2. [2016] NZSSAA 007 (24 February 2016) [pdf, 40 KB]

   ...Review Committee. The Court found that the purpose of the Social Security Act 1964 is essentially financial. It accepted an analysis put forward by counsel for the Chief Executive that the language 2 [2000] NZAR 467. 4 of the statute permits a right of appeal only where there is actual or potential economic impact on a beneficiary. [13] The provisions of the Social Security Act 1964 are directed towards paying income support to meet the living expenses of eligible person...

3. TO v ZY & M Ltd [2023] NZDT 276 (1 August 2023) [pdf, 201 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 276 APPLICANT TO FIRST RESPONDENT ZY & KX SECOND RESPONDENT M Ltd The Tribunal orders: ZY & KX and M Ltd jointly and severally liable to pay directly to TO the sum of $745.00 on or before 22 August 2023. Summary of Reasons: [1] The hearing was convened by teleconference. All parties appeared at the

4. 20240228-Corrections-Victim-Protection-Amendment-Bill-BORA.pdf [pdf, 184 KB]

   ...prisoners. Section C.01.Res.05 requires all practicable steps to be taken to prevent contact from occurring between prisoners and those with any type of contact restriction in place and between a prisoner and anyone who has asked that contact not be permitted by that prisoner. Contact restrictions include: a. where a prisoner’s remand warrant includes a no contact condition; b. where a prisoner is a respondent to a protection order under the Family Violence Act; c. where a pri...

5. [2021] NZEmpC 105 TPT Forests Ltd v Stronge [pdf, 189 KB]

   ...allegations, and that they would impact on the privacy of current and/or former employees of TPT and current and former clients (and their officers and representatives) of TPT.2 [10] TPT says that there is no overriding general public interest permitting release of the documents. It also says that providing access to the documents may impact on the parties’ ability to achieve a confidential settlement of the issues currently before the Court. [11] For these reasons TPT says...

6. [2011] NZEmpC 3 Northland DHB and 20 Others v New Zealand Resident Doctors Association Inc [pdf, 188 KB]

   ...under s 52, the “due” authorisation is the completion of the statutory ratification by union members of the terms of a collective agreement reached in collective bargaining. Likewise in this latter case, ratification of an agreement not only permits execution of it by a union but requires that formality to take place. [35] It is correct, as Mr Kynaston pointed out, that the single word “representative” is used elsewhere in the Act. The requirement for a representative to...

7. [2011] NZEmpC 137 Service and Food Workers Union Nga Ringa Tota Inc v PACT Group Charitable Trust [pdf, 61 KB]

   ...unions’ strike action was, accordingly, on notice as the unions apprehended the employer said it should be. It would not be just if the defendant, having intimated to the plaintiffs that their strike action must be subject to notice, should be permitted to lock out employees without notice where the statutory requirements are the same. [15] The period of the prohibition upon locking out is relatively short. It covers a long weekend and the matter will be able to be back befo...

8. Heta v Ministry of Social Development [2012] NZHRRT 2 [pdf, 46 KB]

   ...in the District Court at Rotorua of benefit fraud. It was submitted that the Tribunal was not the appropriate forum for relief to be sought in respect of that prosecution or the manner in which it was conducted. [10.5] Whether Ms Heta was to be permitted to pursue complaints not investigated by the Office of the Privacy Commissioner. [11] To a large degree many of these issues were resolved in the context of the discussion and rulings on the matters raised by Ms Heta in her email. Spe...

9. Chee v Stareast Investment Ltd [pdf, 23 KB]

   ...Tribunal therefore considered that an appropriate figure for targeted repairs was $130,000. The Tribunal also held that the claimants were entitled to return to seek damages of $216,000 for a full reclad if the Council refuses to issue a building permit for targeted repairs. Consequential losses The claimants also sought the total amount of $23,236.41 for alternative accommodation, removal and storage costs, cleaning, landscaping and for NZ Leak & Heat Loss Detection Ltd. T...

10. [2018] NZSSAA 46 (20 September 2018) [pdf, 133 KB]

    ...position in the belief that he or she was entitled to that sum and would not have to pay or repay that sum to the chief executive; and (b) it would be inequitable in all the circumstances, including the debtor's financial circumstances, to permit recovery. (9B) In subsection (9A), error— (a) means— (i) the provision of incorrect information by an officer of the department: (ii) any erroneous act or omission of an officer of the department that occurs during an invest...