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1. [2020] NZEmpC 74 New Zealand Post Primary Teachers’ Association Inc v Secretary for Education [pdf, 237 KB]

   ...these differences between part-time and full-time teachers in the STCA gives rise to unlawful discrimination. In the proceeding the claim was that part-time teachers in secondary schools are paid less than full-time teachers even though they perform essentially the same work. The plaintiffs’ third amended statement of claim alleged that the STCA was therefore discriminatory and breached the Equal Pay Act 1972 (EPA), the Government Service Equal Pay Act 1960 (GSEPA) and/or the...

2. [2021] NZACC 131 - Jones (10 August 2021) [pdf, 219 KB]

   ...JUDGE C J McGUIRE [Treatment Injury – Causation s 26 Accident Compensation Act 2001] ____________________________________________________________________ [1] This is an appeal against a decision of the respondent dated 11 July 2018 declining a claim for cover for a treatment injury. Background [2] In April 2018 a claim was lodged on behalf of the appellant by his general practitioner Dr Stoney, diagnosing the appellant as suffering from a neck sprain. [3] In the consu...

3. HC v X Ltd [2023] NZDT 391 (13 September 2023) [pdf, 207 KB]

   ...showers were incorrectly installed so they each had the same leaking issue. 2. HC claimed the vendor’s breached the contract by failing to obtain building consent for the work on the showers. He claimed to be reimbursed for the work he had performed in both bathrooms. 3. The issues to resolve the claim are; (a) Did X Ltd breach the vendor’s warranty that it caused works to be done without obtaining a building consent when one was required? (b) If so, was the loss that H...

4. Wai 1040 Northland inquiry index [pdf, 1.1 MB]

   ...Ruakaka, Takahiwai, Maungakaramea, Poupouwhenua, Motutere Island, Te Mahe and Waipu land blocks, and other lands taken for Public Works. Further concerns are coastal lands and the seabed around Bream Bay, fishing rights and mineral rights. The claim requests the return of land, some of which now appears to be in private ownership Status: Consolidated 1.1.0056(a) Wai 504, 1.1(a) Amendment Received: 5 Nov 99 1.1.0057 Wai no: 510, 1.1 Date of SOC: 28 Apr 95 Date received: 09 May 95 Claimant: A...

5. MO & SO v QC Ltd [2022] NZDT 157 (28 September 2022) [pdf, 142 KB]

   ...up slightly under the tanks. 8. Based on all the evidence provided by all parties, I find that there is no clear single cause of the pool’s collapse. The pool is 22 years old and TI’s insurance company, WJ Ltd, has provided evidence in the form of independent assessor reports that includes descriptions and photographs of the condition of the steel posts that support the pool lining, including rust at the base of some of the vertical steel posts. The report by CL, who also represen...

6. XK v Q Ltd & KT [2023] NZDT 720 (14 December 2023) [pdf, 196 KB]

   ...her intention to book [Band 2], because of the email communication with KT, that she had not made any enquiry about [Band 1] and she mistakenly assumed [Band 1] must be the name of a downsized [Band 3] band. She said her text to B from [Band 2] informing him she had just booked his band is further evidence of a mistake made. 9. KT from Q Ltd did not answer 3 calls I made to join him to the hearing. However, XK provided recent emails (October 2023) between her and KT where KT sets out...

7. BI v K Ltd [2023] NZDT 243 (17 March 2023) [pdf, 101 KB]

   ...essential term of the contract, the other party that has suffered is entitled to a remedy. The Building Act 2004 (BA) provides implied warranties about building work to be carried out under the contract. These warranties are implied and taken to form part of the contract and cannot be contracted out of (s 362I(1)–(2)). This includes the warranty that the building work must be carried out with reasonable care and skill (s 362I(1)(d)). This means that the building work done by K Ltd, incl...

8. Form 42 Civil Victims Order [pdf, 250 KB]

   Version 19 – September 2022 page 1 09/22 form 42 Tax Invoice Civil Legal Aid Fixed Fees Victims' Orders against Violent Offenders (Applicant & Respondent) Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from...

9. [2016] NZEnvC 018 Waiheke Marinas Ltd [pdf, 607 KB]

   ...applications lodged by Auckland Council and s274 parties; also that the Brabants were on the Court record jointly as Counsel for WML; and that as liquidator Mr Whittfield needed to resolve the question of legal representation (if any) with respect to the claims for costs. [6] Messrs Brabant further recorded that Mr Whittfield had requested that the Court be advised that he had been appointed liquidator and that all further correspondence should be addressed to him (he indicated that he...

10. Hale v Chester Burt Funeral Home Ltd [2012] NZHRRT 10 [pdf, 76 KB]

    1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2012] NZHRRT 10 Reference No. HRRT 009/2011 IN THE MATTER OF A CLAIM UNDER THE PRIVACY ACT 1993 BETWEEN GRAEME FREDERICK HALE PLAINTIFF AND CHESTER BURT FUNERAL HOME LTD DEFENDANT AT PALMERSTON NORTH BEFORE: Mr RPG Haines QC, Chairperson Ms S Ineson QSM, Member Hon K Shirley, Member APPEARANCES: Mr JR Reid, agent for Plaintiff Mr MB Ryan for Defendant DATE OF HEARING: 1 February 2...