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1. NI v QQ Ltd [2023] NZDT 577 (26 November 2023) [pdf, 187 KB]

   ...NZDT 577 APPLICANT NI RESPONDENT QQ Ltd The Tribunal orders: QQ Ltd is to pay $873.83 to NI by the 18th December 2023. Reasons 1. In January 2021 NI and [his wife] entered into a contract with QQ Ltd in the form of an Agreement for Sale and Purchase to buy a section and a building contract for a completed building on the land. The contract provided for a completion date to be “16-20 weeks after the floor is laid.” Settlement was to be upon the...

2. [2023] NZEmpC 221 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 1 MB]

   ...required the Board to make decisions for good and safe working conditions; and 6 However, I note that this section only applies if the Board employed 30 or more employees or, if it employed fewer than 30 employees, if one or more of those employees requested the development of a system for employee participation: Health and Safety in Employment Act 1992, s 19C(1). 7 Cronin-Lampe (No 1), above n 1, at [75] and [83]. (c) clause 12.1.3 which required the Board, where a t...

3. [2013] NZEmpC 76 George v Auckland City Council and vice versa [pdf, 126 KB]

   ...by its solicitor, at a mediation conference held on 26 April 2010, at which time the plaintiff threatened to make the accusation against the defendant in a legal action unless the defendant agreed to withdraw and abandon her personal grievance claims against the plaintiff. [3] Paragraph 57 (set out above) is part of Ms George’s defence to the Council’s counterclaim for damages for breach of her employment contract. That defence seeks to dismiss the Council’s claim against her...

4. [2019] NZEmpC 41 Renaissance Assets Management Ltd v Ge [pdf, 350 KB]

   ...to Mr Li, and that he threatened to damage its business. Mr Ge denies having done so. [25] The Authority held that the company had required a premium to be paid. To reach that conclusion it heard from Mr Ge, and his father, about the alleged request and what steps were taken to pay money into a bank account in China. In the Authority the company denied requesting a premium. It maintained having no knowledge of the bank account into which the money was deposited or, for that ma...

5. Wai 2800 2.5.1 [pdf, 106 KB]

   ...discretion to defer its inquiry into any claim for sufficient reason (sections 6AA(2) and 7(1A) of the Treaty of Waitangi Act 1975). This does not limit the ability of claimants to particularise their existing grievances or the Tribunal’s ability to request them to do so. Districts 18. The standing panel will consider remaining historical claims, as specified above, that arise in the south-western North Island, the South Island and the Chatham Islands, comprising the following inquir...

6. SH v TS [2021] NZDT 1656 (27 October 2021) [pdf, 179 KB]

   ...liable to contribute in equal proportions to work on a fence.” 4. The provision of the Act that is relevant is section 10. Under section 10 an occupier who wishes the adjacent occupier to contribute to the fence “shall serve him a notice in form 1 of Schedule 1 or to the like effect.” 5. Where immediate work is not required section 10(4) states that “in the absence of an agreement to the contrary the occupier of the adjoining land shall not be liable to contribute to the co...

7. Symes v Wairau - Mahanga 2Y (2005) 161 Gisborne MB 19 (161 GIS 19) [pdf, 567 KB]

   ...$12,000.00. She took over all the burdens of the lease. A draft transfer of lease and deed of covenant was in fact drawn up and handed to the respondent. It V',fas the evidence of Mr Wairau that he never saw a formal transfer document. Mrs Symes requested assistance from Mr MacGregor to get the transfer of shares completed. Mr MacGregor efforts to this end were successful and an order of the Maori Land Court (See 104 WR 176-177) was made in 2002 vesting those shares in Mrs Symes aft...

8. [2015] NZEmpC 34 Rodkiss v Carter Holt Harvey Ltd [pdf, 349 KB]

   ...production of a considerable amount of documentation and transcript. The complexity, to a large extent, resulted from a sharp divergence of views over the relevance and application in practice of key parts of the defendant's disciplinary and performance management policies. The hearing was hard-fought throughout and the respective contentions of both parties were well presented. Background [4] Mr Rodkiss is 58 years of age. He qualified in production and mechanical enginee...

9. Waitangi Tribunal - Preparing claimant evidence for the Waitangi Tribunal [pdf, 1.3 MB]

   ...Illustrations________________________________________________17 Funding ___________________________________________________________18 How Many Traditional History Reports Are Needed? ________________________18 v Preface This booklet has been written in response to claimant requests. It is designed to assist claimants with information about what they need to do to prepare their claims for an inquiry by the Waitangi Tribunal. Part i provides a step-by-step guide for pre- paring claim...

10. Fulton v Accident Compensation Corporation (Personal Injury) [2022] NZACC 233 (5 December 2022) [pdf, 201 KB]

    ...COMPENSATION CORPORATION Respondent Hearing: 29 November 2022 Held at: Hamilton/Kirikiriroa Appearances: K Koloni for the Appellant T Gee for the Respondent Judgment: 5 December 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury - s 26, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 18 October 2021. The Reviewer dismissed an application for review of the Corporation’s decision...