Search Results

1. Harawira v New Zealand Management Academies Limited & McAuley (Strike Out) [2024] NZHRRT 59 [pdf, 249 KB]

   ...Member Dr M Koloamatangi, Member REPRESENTATION: Mr H Harawira (Puriri) in person Mr A Shankar for the defendants DATE OF HEARING: On the papers DATE OF DECISION: 13 November 2024 2 [1] Hone Puriri William Harawira, who has requested to be referred to as Puriri, filed this claim against New Zealand Management Academies Limited (NZMA) and Nigel McAuley on 12 February 2024. [2] Puriri claims both defendants discriminated against him on the grounds of his age...

2. [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...

3. UI & II v D Ltd [2023] NZDT 34 (31 January 2023) [pdf, 104 KB]

   ...‘reasonable care and skill’ only requires that suppliers apply reasonable judgement, which in the case of diagnostic services, requires that they go with the probabilities, applying the most likely fixes first. 11. No independent evidence, in the form of other expert opinion for example, was provided by UI and II to show that D Ltd’s recommendation to replace the seals on the 13-year old car was unreasonable in the circumstances. Further, D Ltd state that the leak appears to have...

4. OB v CM [2024] NZDT 121 (26 April 2024) [pdf, 99 KB]

   ...“ahs” in clause 8 has been changed to “has”. The date for payment has been changed to 16th May 2024. In all other respects the wording of the order remains the same. Referee: G R Meyer Date: 26th April 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 fo...

5. Q Ltd v UL [2024] NZDT 129 (12 March 2024) [pdf, 178 KB]

   ...lease terms. The amount due is higher than the jurisdiction of the Tribunal, however Q Ltd reduce their claim to stay within the jurisdiction of the Tribunal. 4. The matter was adjourned after the first hearing for the parties to obtain further information. When the hearing resumed, I was unable to contact UL. Calls went straight to voicemail. There were no further submissions from UL, and she had not been in contact with the Tribunal. UL had been informed of the date of the hearing. I w...

6. UM v BD [2024] NZDT 699 (15 November 2024) [pdf, 215 KB]

   ...after they declined to provide a replacement vehicle. I therefore find UM is entitled to a refund of 19 days hireage at $68.09 per day, which equates to $1293.71. Referee: DTR Edwards Date: 15 November 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 a reh...

7. KT & NT v N Ltd [2024] NZDT 374 (31 May 2024) [pdf, 178 KB]

   ...with its frame and motor. I find that to be reasonable and I further find that N Ltd should meet the entire replacement cost of the panels because the door was new. Referee: G R Meyer Date: 31st 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 a r...

8. [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...

9. J Ltd v XY [2025] NZDT 31 (16 January 2025) [pdf, 98 KB]

   ...$2,500.00 plus GST. 2. Two weeks later, KC contacted ST, the sole director and shareholder of G Ltd, a business that had been sold to ST through KC’s agency in 2006. ST signed an expression of interest in XU’s business and met with XU. However, ST informed KC by email that XU preferred a cash buyer to a deferred settlement, and ST would not be in a suitable financial position for a couple of years, so “I think you should go and look for a cash buyer for XU and keep me as a Plan B o...

10. BN v XO [2025] NZDT 242 (11 July 2025) [pdf, 186 KB]

    ...claims she gave to XO, a loan or a gift? b. If the money was a loan, is it enforceable? If it is enforceable, how much is due? Was the money BN gave to XO a loan or a gift? 5. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A breach occurs when one party does not do something they agreed to do. 6. In this case the parties did not record their contract...