Search Results

1. [2011] NZEmpC 175 Maynard v Bay of Plenty DHB [pdf, 105 KB]

   ...between the parties, the relevant content of which is outlined further on in the judgment. [10] The plaintiff claims a personal grievance for unjustified dismissal, which met the statutory requirements, was raised on her behalf. Alternatively she requests that the Court grant leave for her to raise a personal grievance out of time due to exceptional circumstances. Statutory requirements for raising a personal grievance [11] Section 114(1) of the Employment Relations Act 2000 (th...

2. [2017] NZEnvC 134 Bay of Plenty Regional Council v Vision Charitable Trust [pdf, 515 KB]

   ...also advises of continuing breach of the abatement notices. 15 December VCT lodges new consent application for the geothermal take and discharge. 2014 19 December VCT lodges new consent application for the water take. 2014 27 January Council requests further information regarding the geothermal take and discharge 2015 application. 2 February Council requests further information regarding the water take application. 2015 6 March 2015 Lakes Ranch Charitable Trust's project ma...

3. [2015] NZEmpC 66 Su v iGolf Limited [pdf, 117 KB]

   ...3 Employment Court Regulations 2000, Sch 1, Form 1. courier service was unable to effect service of the notice and 2 March 2015 minute and they were returned to the Court. Factual outline [7] Ms Su and Mr Zhang formed a personal relationship following Ms Su’s arrival in New Zealand. This came to an end, but both Ms Su and Mr Zhang remained living in a house owned by Mr Zhang’s mother. Mr Zhang was the sole director and shareholder of the first

4. [2010] NZEmpC 95 Musa v Whanganui DHB & Anor [pdf, 21 KB]

   ...know the extent of the case he has to answer. [2] The determiner of relevance in any proceedings is the pleadings. Although similar causes of action against the Whanganui District Health Board (the Board) have now been settled with Mr Musa, its former Chief Executive Officer (CEO), claims for penalties for breach of a settlement agreement and for breach of his employment contract are still for hearing against the second defendant who is and was at all material times a m...

5. DN & LO v EK [2022] NZDT 78 (7 June 2022) [pdf, 153 KB]

   ...(‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its services with reasonable care and skill (section 28, CGA). 14. The pre-purchase inspection report provided by EK gives information about the scope of the inspection in the form of a disclaimer on the final page. That states “This report is based on a visual inspection of the dwelling to those parts reasonably accessible on the day of inspection. Hous...

6. TT v BQ [2023] NZDT 138 (4 April 2023) [pdf, 195 KB]

   ...intended to establish that he, BQ, had made constant attempts to contact TT and to persuade him to come to the site to complete the work. Finally, BQ had engaged another electrician to finish the job so that he could complete the necessary compliance formalities. BQ provided evidence that he had had to postpone two [City] City Council inspections because TT had not returned to complete the electrical work. This had caused stress and expense to BQ and his family. [10] BQ said, which TT di...

7. Merrylees v Accident Compensation Corporation [2023] NZACC 186 [pdf, 279 KB]

   ...accident/injury suffered to the right arm and elbow on 16 August 2017. [3] The Corporation’s position is that the weight of medical evidence does not establish the conditions are injury related Background [4] On 6 September 2017, an ACC injury claim form was filed by physiotherapist, Mr Fawcett, for a strain of the right elbow/forearm sustained on 16 August 2017. The description of accident was: Was sawing up fallen tree branch and felt pain around elbow area. [5] The claim w...

8. RI v Hart LCRO 158 / 2011 (13 July 2012) [pdf, 160 KB]

   ...In conjunction with the adjournment, consent was again sought from Mr Hart to the matter being dealt with on the papers as I considered all material necessary to complete the review was available on the files. [11] On 20 April 2012, a follow-up request was sent to Mr Hart. No reply was received and thereafter, the Case Manager had extreme difficulty in obtaining a response from him. On 8 May 2012, I therefore issued a Minute which included the following: [8] Given the difficulty...

9. FW v KQ Ltd [2021] NZDT 1701 (2 June 2021) [pdf, 197 KB]

   ...time, so a reasonable consumer who is unfamiliar with automatic watches would need a clear explanation of the watch’s functionality in order to assess whether it would be acceptably reliable. In the absence of prior knowledge or a sufficiently informative explanation, I find that the watch was not acceptably fit for purpose under CGA s 7. 11. Additionally, CGA s 9 requires goods to be reasonably suitable for any particular purpose made known, expressly or by implication, to the supplie...

10. MI Ltd v QD Ltd [2022] NZDT 205 (18 July 2022) [pdf, 98 KB]

    ...ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 205 APPLICANT MI Ltd RESPONDENT QD Ltd The Tribunal orders: MI Ltd’s claim against QD Ltd is dismissed. Reasons: 1. The applicant purchased a pilates reformer and tower from the respondent on Trade Me. The cost for the reformer was $4,300.00. The applicant claims the reformer bed was not in the condition it was represented to be in the Trade Me advertisement and claims $1,740.89 which has be...