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1. NI & QI v SB [2024] NZDT 60 (14 February 2024) [pdf, 157 KB]

   ...The Tribunal hears disputes between parties. Hearings are in front of Tribunal Referees who run the hearings. If the parties are unable to reach an agreement between themselves before or during the hearing, the Referee will make a decision on the information it has before it. 20. In the emails to the Tribunal, SB say he has left for [overseas city] where he is working in the mines. N Ltd says they were not told this – he had not mentioned this in his February emails to N Ltd. He did...

2. BB v TS Ltd [2024] NZDT 828 (15 October 2024) [pdf, 196 KB]

   ...surface, the rot is under the ground. BB considered that subsequent builders were easily able to find the rot, however, they had the advantage of being able to remove the cladding and removed the sand to expose the pile. TS Ltd was not engaged to perform that service, but rather was to provide an opinion only on what it could see. I find that TS Ltd provided what it agreed to and provided no opinion of the condition of the piles below the ground level. I am therefore satisfied that TS...

3. TM v D Ltd [2024] NZDT 494 (3 July 2024) [pdf, 202 KB]

   ...D Ltd had done. He said that therefore D Ltd had removed signs that it had not supplied. 12. However, there is no evidence to support TM’s claim that he rejected the signs for being the wrong colour of blue and D Ltd said it had never been informed of this concern prior to the hearing at the Disputes Tribunal. 13. The written evidence supplied by D Ltd supports this interpretation as there are a number of messages from TM suggesting he would pay for the work, including an email...

4. Zhang v Victoria University of Wellington [2023] NZHRRT 36 [pdf, 124 KB]

   ...something which combined with others makes up the whole (whether actually separate from the rest or not)”,2 and there is no reason for “part” not to be given its ordinary meaning. It is consistent with that definition for rooms occupied by RAs to form one part of the catered hall and rooms occupied by students under the age of 20 to form another. Even if, as Mr Zhang submitted, physical segregation is required, it could be argued that requirement is met in this case by the walls of...

5. Form-204w-Application-for-an-attachment-order-FINAL-9-December-2024-v2.pdf [pdf, 448 KB]

   MOJ 204 October 2024 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt 0800 233 222 PAGE 1 OF 9 When should I use this form? This form lets you apply to recover a judgment debt directly from the judgment debtor’s income. Use this form if all the following apply: • you are either the judgment creditor or the judgment debtor. • the money owed in a judgment or court order has not been paid. • you are able to provide information set out in Section A, suc...

6. [2007] NZEmpC AC 45/07 Wyatt v Simpson Grierson Parternship [pdf, 97 KB]

   ...standard ratios). [49] Similar calculations based on the same ratio were used by Mr Wyatt in advancing his complaints about his salary in a lengthy and detailed memorandum to Simpson Grierson dated 15 May 2002. [50] Mr Wyatt subsequently made requests to Simpson Grierson under the Privacy Act 1993 for disclosure of all personal information the firm held about him. He said that one of the documents he received in or about February 2003 showed the salary of one of his former collea...

7. Morison v New Zealand Association of Counsellors [2024] NZHRRT 46 [pdf, 362 KB]

   ...(Code) or information privacy principle (IPP) 6. The Code applies to health agencies, which includes health and disability service providers and bodies involved in training, registration and discipline of health professionals.7 It concerns a requester’s “health information”.8 IPP 6 applies to all agencies and relates to an individual’s “personal information”.9 7 As defined in clause 4(2) of the Code. By email dated 22 April 2020 NZAC advised Ms Morison that it was n...

8. [2021] NZEmpC 25 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 296 KB]

   ...over two weeks beginning on Monday, 15 March 2021. [2] This judgment deals with two urgent applications by the defendants made at a very late stage. As will be apparent shortly, the timing of them may be because of the recent disclosure of information by the plaintiff. [3] The first application to be dealt with is for a stay of proceedings for an alleged abuse of process. The second one is for security for costs. Chronologically, the application for security for costs was fir...

9. [2012] NZEmpC 207 Hutton and Others v Provencocadamus Ltd (in receivership) [pdf, 252 KB]

   ...advising that Ms Makaea (payroll administrator) had taken over responsibility for “processing the 11 Emphasis added. Payroll for all ProvencoCadmus staff effective from 11th August”, and requesting receipt of leave application and Inland Revenue forms (amongst other things). Mr Corrick sent out a further email later that day, having first passed a draft through Mr Gibson. 12 It emphasised that the “ProvencoCadmus” payr...

10. Nicholson v Pene - Tauakira No. 2M No.4 (2023) 477 Aotea MB 140 (477 AOT 140) [pdf, 442 KB]

    ...valuable consideration (or quid pro quo) passes between the parties; and where there is an intention to create legal relations. Once these elements are present, there will usually be a legally binding contract. [43] Once a valid contract is formed, the courts are reluctant to intervene and supervise the agreement made by the parties. Equally, the courts will not disturb the bargain struck, even if manifestly unfair to the reasonable, objective person. The obvious exception to th...