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1. N Ltd v R Ltd & TQ [2024] NZDT 418 (9 May 2024) [pdf, 185 KB]

   ...onselling them. Having SX and his lawyer deal with this falls into the category of costs under the Disputes Tribunal Act that are outside the Tribunal’s jurisdiction. Referee: J Savage Date: 9 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...

2. KQ & QQ v R Ltd [2025] NZDT 183 (6 June 2025) [pdf, 94 KB]

   ...delivery the applicants noticed the table and chairs were all branded with the manufacturer’s logo and name ‘[model name]’. The applicants claim this branding was not on the dining table and chairs they viewed in the showroom nor were they informed by the respondent this branding would be on the products they bought. 2. The applicants now claim in the Tribunal for a return of the furniture and a full refund of the purchase price of $2,261. The issues for the Tribunal to deter...

3. Tane v Accident Compensation Corporation (Personal Injury) [2025] NZDC 36 (27 February 2025) [pdf, 228 KB]

   ...June 2021, a review application was filed against Wellnz’s decisions. 5 [16] On 22 September 2021, Ms Tane’s then advocate emailed Wellnz, noting that Mr Van Nieuwenhuizen had referred to a L5/S1 facet joint injury. The email formally requested that Wellnz issue a cover decision in regard to that diagnosis. In the meantime, the review application for the earlier decisions stood adjourned. [17] On 27 October 2021, Dr Courtenay Kenny, Occupational Specialist, having conduct...

4. [2025] NZEmpC 258 Du Fall v The Mokoia Intermediate School Board [pdf, 291 KB]

   ...difficulty, conflict and hurt. They were sent at a time when Ms Du Fall was standing for election to the board. [84] A communication was sent out to the school community by the board advising they had written to the Ministry of Education requesting the appointment of an LSM. The concern stated in the communication that gave rise to the request was that Ms Du Fall, her husband and a third party were standing for board positions as parent representatives. The communication wen...

5. Moriori Claims Settlement bill [pdf, 106 KB]

   ...with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Exclusion of remedy of compensation 9. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause may be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Act, namely the right to bring ci...

6. LCRO 52/2022 AD v OC (12 July 2024) [pdf, 244 KB]

   ...the time. The respondent issued four invoices for his work, dated 31 August 2020, 30 September 2020, 30 October 2020 and 27 November 2020. The applicant paid the first invoice. [18] In February 2021, in response to receipt of a statement and request for payment from the firm, the applicant requested that the other three invoices be “put on hold” until his dispute with the Council was resolved, so that the applicant could ascertain what the respondent’s alleged conduct in m...

7. LCRO 57/2018 G RC and D RC v YS (30 April 2019) [pdf, 335 KB]

   ...available”. [23] The Committee concluded that Mr YS “acted appropriately in the termination of the retainer” having received the report from Dr EF, who had been appointed by the Family Court, to assess Mrs RC’s mental capacity. (2) Request for Mrs RC’s files, records (a) Mr G, as attorney [24] The Committee accepted that “it was arguable” that Mr YS “was entitled to refuse to provide” Mrs RC’s files to Mr G when Mr G’s conduct, as Mrs RC’s attorney, wa...

8. [2011] NZEmpC 68 Army Surplus Disposals Ltd v Reed [pdf, 110 KB]

   ...produce this book to the Authority. (d) Mr Doyle claimed he could provide further evidence that Mr Reed received the money alleged if he was given time. The Authority Member allowed Mr Doyle 10 days following the investigation to provide this information but he failed to do so. [5] The determination records findings and orders as follows: [7] By operating its business on a cash basis, without documentation, the respondent has put itself in a vulnerable position. In the absence...

9. Hearn v Parklane Investments Limited [pdf, 45 KB]

   ...comply with an order for discovery, a notice for further particulars, a notice for interrogatories, or other similar requirement under these rules; or (v) failing, without reasonable justification, to accept an offer of settlement whether in the form of an offer under rule 14.10 or some other offer to settle or dispose of the proceeding; … 24. The claimant states that items (i), (ii) and (iii) above cover the Council’s behaviour in question. 25. The claimant also refer...

10. [2014] NZEmpC 53 NZ Meatworkers Union v Alliance Group Ltd [pdf, 184 KB]

    ...not pursue the claims vigorously after 2006 because they only affected a minority of the Union’s members and because similar issues were then before the courts. [18] Although the substance of the annual holidays provisions did not change, the form of them was tidied up by the removal in the 2008/2009 agreement of the first paragraph of cl 9(g)(ii). Thus, the provision which must be construed and applied in this case is: (g) The provisions of the Holidays Act 2003 and any Act pa...