Search Results

1. Layton v Aon New Zealand Ltd [2018] NZHRRT 48 [pdf, 286 KB]

   ...2018 DECISION OF TRIBUNAL1 [1] In July 2015, Lorna Layton had a work place accident. The insurer in respect of her injury was Aon New Zealand Limited (Aon). Difficulties arose between Ms Layton and Aon. On 19 February 2016, Ms Layton requested Aon to provide her with her personal information. 18 March 2016 was the last working day for providing a decision on this request under the Privacy Act (PA). On 6 March 2016, Aon provided her with a copy of her file. Ms Layton...

2. Mihaka v Housing New Zealand Corporation (Dismissal) [2017] NZHRRT 29 [pdf, 278 KB]

   ...was assisting Mr Mihaka with his case and that Mr Mihaka had decided to reinstate Mr Bourke as counsel. She also advised Mr Mihaka would not be able to file his statement of evidence until he had received a copy of the Police file (which had been requested by him). 4 [17] On or about 25 May 2016 the Tribunal received from Mr Mihaka a handwritten note advising he had authorised Ms Raue to act “as Māori agent” regarding all court and tribunal matters arising from the allegati...

3. [2014] NZEmpC 136 Rainbow Falls Organic Farm Ltd v Rockell [pdf, 128 KB]

   ...McKenzie lived in Hong Kong, although he travelled to Kerikeri from time to time and visited the farm. It is apparent that the farm had enjoyed a productive phase during a previous farm manager’s time on it, although there were issues with the performance of the farm manager who held the role just prior to Mr Rockell’s appointment. That relationship had come to an end after about 12 months. It was around this time that Mr McKenzie met with Mr Rockell and discussed the possibi...

4. NB v UJ Ltd [2021] NZDT 1498 (23 April 2021) [pdf, 187 KB]

   ...hearing Mr S argued that NB was aware that there were works taking place on the road and had not made a reasonable effort to protect his assets. Mr S pointed out that there were two flyers sent to property owners by Fulton Hogan and Auckland Transport informing them of the work. He also argued that it is common knowledge and NB ought to have been aware that concrete pouring could cause harm, and taken steps to keep his business assets safe. 10. The flyers inform residents that work on...

5. BC v GN [2021] NZDT 1674 (28 November 2021) [pdf, 203 KB]

   ...BC. 4. The issues I must decide are: a. What terms were agreed? b. Was the contract frustrated? c. Is BC entitled to $581.00 as claimed, or to any other sum? What terms were agreed? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking...

6. D Ltd v KC [2023] NZDT 782 (23 November 2023) [pdf, 96 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

7. MN v LO [2024] NZDT 199 (12 March 2024) [pdf, 143 KB]

   ...and therefore the remedy of cancelling the contract and obtaining a refund is not available to MN. 6. However, there is relief available for a buyer of goods in a private sale when a misrepresentation is made in the process of the contract being formed. In that case, a buyer who has purchased in reliance on that misrepresentation may have a remedy under section 35 of the CCLA. That section provides that when someone has been induced to enter a contract by a misrepresentation, whether...

8. TX v BT [2023] NZDT 401 (7 July 2023). [pdf, 211 KB]

   ...However, as the Tribunal’s jurisdiction is limited to $30,000.00, I find that this is the amount that the respondent should pay the applicant. Referee: K. Armstrong Date: 7 July 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 reh...

9. QG v EK [2024] NZDT 737 (13 September 2024) [pdf, 177 KB]

   ...evidence to the contrary, I accept QG’s account of the agreements reached and what occurred subsequently, as set out in paragraphs one to three above. So, I find that she is entitled to the sum claimed as EK has breached the contract by failing to perform his contractual obligations, with QG receiving nothing in return for the payments she made to EK for the bathroom fit out and the tiles. 8. I also find that EK has engaged in misleading and deceptive conduct in trade, contrary to...

10. HT v K Ltd [2024] NZDT 616 (6 September 2024) [pdf, 100 KB]

    ...original hearing in the Tribunal, in accordance with the Order of the Disputes Tribunal dated 22 March 2024. No further payment is therefore required. Referee: DTR Edwards Date: 6 September 2024 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 rehe...