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1. DK Ltd v UT [2024] NZDT 338 (23 May 2024) [pdf, 91 KB]

   ...as best as he could recall with respect to this discussion, but I do not consider it supported, to any significant degree, the applicant’s version of what happened. 7) If there was no agreement to the level of a contract, even if verbal and informal, I need to also consider whether, for the purposes of the law of quasi-contract, there could be said to have been, objectively, a reasonable expectation by the applicant that he would be compensated for storage. Whilst the applicant migh...

2. Waitangi Tribunal - issue 69 of Te Manutukutuku [pdf, 2.5 MB]

   ...for historical disputes processes when I was invited to contribute to the African National Congress debate on policy in Johannesburg and later, when the ANC assumed power, to the Constitution debate in Cape Town. The new Republic opted for both forms, a formal Claims Court for ‘black spot’ removals under apartheid post-1914 and the less formal Truth and Reconciliation process for the larger historical issues. However, unlike our process, the South African reconciliation did not...

3. [2018] NZEmpC 84 GSTech Ltd v A Labour Inspector of the MBIE [pdf, 285 KB]

   ...OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] The Labour Inspector brought an action in the Employment Relations Authority against GSTech Ltd (GSTL) and Mr Sharma, the plaintiff company’s sole director and shareholder, on behalf of a former employee, Mr Kumar. The action spanned a number of claims, focusing on a claim that Mr Kumar had not been paid for his hours of work at the minimum wage. [2] The Authority dismissed all of the Labour Inspector’s claims.1 It did, h...

4. 2018 archive

   On this page: Message from the Manager Legal Aid Services Family Legal Advice Service not available for Oranga Tamariki proceedings Amendment to grant forms and high cost cases policy Arrangements when duty lawyers are unable to attend on a rostered day Accommodation disbursements Family Violence legislation takes effect Legal services for mental health patients Pre-sentence reports Legal Aid Triennial Review Criminal case assignment – Christmas, New Year availability Cut-off date for invoice

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5. NZ Domaine Investments Ltd v Tauranga City Council [2013] NZWHT Auckland 30 [pdf, 81 KB]

   ...seeking interest on the cost of the remedial work and the lost rent. The Act provides for interest to be awarded at the rate not exceeding the 90 day bill rate plus two per cent.7 A schedule of interest was attached to Mr Plummer’s brief. At my request this was recalculated and filed with the Tribunal on the day of the hearing. The 90 day bill rate plus 2 per cent is 4.69 per cent. The schedule prepared by Mr Plummer calculates interest on each payment made from the date of t...

6. Cooper v Hamilton Pharmacy 2011 Ltd (Discovery) [2018] NZHRRT 28 [pdf, 267 KB]

   ...proving one of the exceptions in Principle 11, the Tribunal must then determine whether the disclosure constituted an interference with the individual’s privacy as defined in s 66 of the Privacy Act. That is, has the plaintiff established one of the forms of actual or potential harm contemplated by [s 66(1)]. The burden of proof reverts to the plaintiff at this stage. http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM296645#DLM296645 http://www.legislation.gov...

7. Scott v Accident Compensation Corporation (Deemed Cover, Personal Injury) [2023] NZACC 149 [pdf, 228 KB]

   ...February 2012. As for the decision regarding a lower back injury, while the Corporation revoked deemed cover for the general description of lower back injury, it confirmed cover for a contusion of the lower back. Background [5] An ACC injury claim form was completed by the emergency department at Dunedin Hospital on 18 February 2012. The diagnosis description on the claim form was: Dislocation, sprain and strain of unspecified joint and ligament of trunk – left side. [6] The d...

8. [2013] NZEmpC 183 Snowdon v Radio New Zealand Ltd [pdf, 100 KB]

   ...intends to rely as an answer to the case as made by the amended statement of claim, it is unnecessary to file a statement of defence to the amended statement of claim. (b) ... [16] After hearing argument on 30 September 2013, I agreed, at the request of Mr Fletcher, to defer the commencement of the hearing until 1 October 2013. I also directed Mr Quigg to serve amended statements of defence to the amended statements of claim before 5.00 pm on 30 September 2013. My order was c...

9. Austin & Ors v Houghton & Ors [2014] NZWHT Auckland 6 [pdf, 72 KB]

   ...that allowed water ingress and that, as a result, the house required extensive remedial work. One of these defects was attributable to the original roofing work. The “kick out” to the ends of the apron flashings 4 were inadequately formed which allowed moisture to drain in behind the cladding. [12] After receiving the assessor’s report, the Austins obtained a report from another building expert, Barry Gill. Mr Gill commented that the inadequately formed kick ou...

10. Re Tai Rakena (Rejection of Statement of Claim) [2017] NZHRRT 27 [pdf, 140 KB]

    ...December 2016 in respect of file reference C/28386. In this Certificate the Commissioner certifies he conducted an investigation into the question whether Corrections provided Mr Tai Rakena with all the information he requested on certain PC.01 forms, being PC.01 4001501; PC.01 401032 and PC.01 401143. In these proceedings a case management teleconference was held on 12 May 2017 but the timetable then made will not expire until 1 September 2017. Thereafter the proceedings will be hear...