Search Results

1. [2025] NZEmpC 208 Soapi and Others v Pick Hawkes Bay Inc [pdf, 412 KB]

   ...JUDGMENT OF THE FULL COURT INDEX The parties [4] The RSE scheme generally [6] The RSE scheme as applied to Pick Hawke’s Bay [14] The plaintiffs’ circumstances [23] Pastoral care and accommodation [29] The claims [40] The plaintiffs’ claims under the Wages Protection Act 1983 [41] Issues What was the weekly allowance? The parties agree that some deductions were unlawful Were arrears payments unlawful deductions? Could Pick Hawke’s Bay

2. LM v MH [2024] NZDT 659 (11 September 2024) [pdf, 174 KB]

   ...vehicle expenses. The applicant confirmed at the hearing of 6 June 2024 that her vehicle was insured at the time of the collision, but she had not notified her insurer of this claim in the Tribunal. The applicant has now confirmed that she has informed her insurer, but her insurer has not provided her with any advice on her claim for a refund of rental vehicle costs. [6] I am satisfied the insurer has been given notice of the proceedings and has determined not to take part. On that...

3. [2015] NZEmpC 203 Fredericks v VIP Frames and Trusses Ltd [pdf, 206 KB]

   ...disagreements between Ms Ashley’s sister and the proprietor of VIP, Mr Daniel Caldwell. [23] At the beginning of February 2014, Mr Fredericks was certified as unfit for work as a result of post-traumatic stress. At this point Mr Fredericks made a request to VIP to attend mediation. VIP was reluctant to go to mediation unless a specific reason for the request was provided. It appears that the purpose for requesting mediation was that Ms Ashley wished to ensure that when Mr Fred...

4. NI v J Ltd [2022] NZDT 112 (2 September 2022) [pdf, 211 KB]

   ...than the average person would experience. 31. Accordingly, the Tribunal finds that the Applicants have not proven this part of their claim and it must be dismissed. Referee: L. Mueller Date: 2 September 2022 Information for Parties Rehearings Page 4 of 4 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....

5. LCRO 2/2019 RCN and OCN as Trustees v MA, JS, LB and GD (27 May 2020) [pdf, 189 KB]

   ...the owner of the property would ultimately be accruing significant income from the property. [79] It seems, however, that Mr and Mrs CN did not ask for advice relating to the overall project. In their complaint, Mr and Mrs CN say that “they requested a Trust ([Name] Trust) be set up”. This implies that they went to Mr LB with a specific request. [80] In his response to the letter from this Office following the hearing, Mr LB says he was not asked for advice about the developm...

6. BM Ltd v YN [2015] NZDT 769 (23 February 2015) [pdf, 71 KB]

   ...costs? [11] The law is that these amounts can be claimed only where they are allowed for in contract, as the Disputes Tribunal cannot award costs (s 43, Disputes Tribunals Act 1988). [12] BB (for BM) maintained YN had signed a job authorisation form on 20 April 2012 which stated she accepted BM’s terms of trade, which included a right to charge costs (Clause 5). However, BM’s claim this document had most probably been signed by YN was not made out (on the balance of probabilit...

7. MX v BO & KO [2021] NZDT 1630 (13 July 2021) [pdf, 141 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1630 APPLICANT MX RESPONDENT BO SECOND RESPONDENT KO The Tribunal orders: 1. The claim by MX against BO and KO to have the trees on the O’s property removed is struck out. 2. The claim by MX against BO and KO for the costs of having roots removed and for clearing leaves and tree litter from the drain besid...

8. SO v TH [2024] NZDT 536 (25 July 2024) [pdf, 235 KB]

   ...Act and therefore is not inconsistent with section 16(1). Referee: S Simmonds Date: 25 July 2024 CI0301_CIV_DCDT_Order 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...

9. EB v T Ltd [2024] NZDT 328 (21 May 2024) [pdf, 98 KB]

   ...accepted two settlement packages on clear terms of finality, this further claim is vexatious and an abuse of process. [12] For those reasons, EB’s claim is struck out. Referee: C Hawes Date: 21 May 2024 Page 3 of 3 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...

10. BR & SR v LD & BD [2023] NZDT 740 (4 December 2023) [pdf, 212 KB]

    ...for naturally occurring stresses are not really able to be compensated. 16. As a result of my findings both the claim and the counterclaim are dismissed. Referee: M Wilson Date: 4 December 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 r...