Search Results

1. [2016] NZEmpC 48 Nelson v Katavich [pdf, 290 KB]

   ...Katavich said that in this way he was involved in setting up approximately 15 radio stations throughout New Zealand. As his business grew, he began to realise that there was a worldwide demand for his internet services and he began to receive requests from people in other countries such as the USA, Australia and the United Kingdom for advice on setting up radio stations. He described how it was necessary for him to carry out a great deal of research into what was involved because,...

2. [2021] NZEmpC 19 Restaurant Brands Ltd v Unite Inc [pdf, 222 KB]

   ...at various locations across New Zealand. [2] Unite says that Restaurant Brands’ current statement of claim does not comply with reg 11(1)(d) of the Employment Court Regulations 2000 (the Regulations). It is Restaurant Brands’ claims for special damages that are in issue before the Court. [3] Unite applies for an order that the claims for money relief in the proceedings be struck out (other than costs), or, alternatively, an order that a compliant statement of cla...

3. FAQs

   On this page you'll find answers to some commonly asked questions. More information can be found within the website and in the Homeowners' Guide to the Tribunal. Who can apply to the Tribunal? Why won’t the Tribunal look at Kaikōura claims? Does the Tribunal consider claims involving on-sold properties? Does the Tribunal consider claims involving builders or other parties? What about claims that are with the courts? Where is the Tribunal located? When can claims be filed

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4. Waitangi Tribunal - District 11 Hawkes Bay [pdf, 4.8 MB]

   ...might expect to have been covered by this report will be included. The same applies to the Waiau area further north. vu Introduction Rivers present-day Figure 1: Location map V111 Introduction The northern boundary of this district is formed by the Waihua River, and any events and issues north of this point are dealt with in Ms Hippolite's Wairoa district report. Owing to inexact boundaries, it is impossible to provide accurate figures of the amount ofland in this dis...

5. Newel [2013] NZWHT Auckland 19 [pdf, 79 KB]

   ...“built”. [7] Lang J also considered the effect of s 43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An owner shall as soon as practicable advise the territorial authority, in the prescribed form, that the building work has been completed to the extent required by the building consent issued in respect of that building work. [8] He concluded that if this reasoning is applied to the consideration of the built- by...

6. [2012] NZEmpC 137 Glenmavis Farm Partnership (2007) v Todd [pdf, 163 KB]

   ...response to a letter from solicitors setting out Mr Todd’s several concerns about the state of the employment relationship between the parties. These included his concern that there was no executed employment agreement. It addressed also his request for certainty and peace of mind about the land that he had purchased but which was the subject of a registered mortgage securing the loan. Dr Walker and Mr Budge took time to consider their position after receipt of the lawyer’s...

7. Legal aid fee schedule for CMM [pdf, 185 KB]

   ...required to be in the courtroom. Waiting time is payable in half hour blocks, rounded up to the nearest half hour. If more one hour’s waiting time is claimed per activity (eg, waiting time for trial or waiting time for sentencing), the following information is required: A summary of both the waiting time and hearing time on the day of appearance – date and times. If waiting time exceeds one hour for an appearance or appearances on a particular day, an explanation of the circu...

8. SL v QU [2023] NZDT 677 (16 December 2023) [pdf, 190 KB]

   ...by QU, without any reference to any company. CI0301_CIV_DCDT_Order Page 2 of 3 Did QU misrepresent the car? 6. The common law of contact and the Contractual and Commercial Law Act 2017 (CCLA). A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law, which applies to private sales of “caveat emptor” or “let the buyer beware.” This implies that the buyer...

9. MX & YR v D Ltd [2023] NZDT 465 (16 August 2023) [pdf, 197 KB]

   ...second container meant that a cubic metre rate of $150.00 +GST would be charged. They protested the rate but confirmed the loading and it was only at that point that D Ltd booked the freight (the timing is evidenced by their ferry freight booking form provided). MX and YR paid the invoice of $2550.00 (which had been reduced to $150 incl.GST) for the second container and it was delivered to them on 14 April 2023, having shipped on 12 April 2023 (there was a delay from 4 April 2023 to 12 Ap...

10. LC & SC v TB [2025] NZDT 83 (5 March 2025) [pdf, 187 KB]

    ...The consumer protection provided by legislation such as the Motor Vehicle Sales Act 2003, the Fair Trading Act 1986, and the Consumer Guarantees Act 1993 does not apply. 9. In a private sale, the seller does not have any legal duty to provide information about the goods, and there are no implied guarantees of quality or fitness for purpose. CI0301_CIV_DCDT_Order Page 2 of 3 10. The only arguable legal basis for the claim is misrepresentation. 11. A misrepresentation is...