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1. [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...

2. 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...

3. NS v L Ltd [2024] NZDT 5 (30 January 2024) [pdf, 122 KB]

   ...has passed, his claim for a refund must be dismissed because the vests he received matched the description L Ltd provided and were fit for purpose. Referee: P McKinstry Date: 30 January 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...

4. ZE v NE [2022] NZDT 90 (26 August 2022) [pdf, 177 KB]

   ...Page 2 of 3 8. For these reasons I find that NE was not negligent and is not responsible for the cat’s distressing injuries nor the costs to treat them. Referee Perfect Date: 26 August 2022 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 rehe...

5. DQ v BH [2024] NZDT 810 (15 November 2024) [pdf, 91 KB]

   ...salvage amount obtained for the wreck. 2. The dispute centres around the pre-accident value PAV) used in J Ltd’s calculations. The vehicle was insured with an ‘agreed value’ of $2750.00 and the assessor has noted on the repair assessment form that PAV is $2750.00. An ‘agreed value’ for insurance purposes is not necessarily the same as a market value, and it is market value just prior to the collision that is used for an accurate measure of damages resulting from negligence....

6. BI v L Ltd [2025] NZDT 218 (28 May 2025) [pdf, 237 KB]

   ...the onus of proof being on the balance of probabilities — that is, that something was more likely than not to be the case. I explained to the parties the difficulties in a “he said she said” situation and the fact that I could only consider information that had been put before me. 10. The issues to be determined are: (a) Is the lifetime membership valid? (b) Is L Ltd’s termination of the membership valid? (c) What, if any, remedy should BI be entitled to? Is the lifetim...

7. [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...

8. Potae v ACC [2014] NZACA 5 [pdf, 65 KB]

   ...the terms as detailed in paragraph 1 above. 5. If the Authority has in mind making a referral back on terms additional to that proposed here, then counsel would first require to be heard. [7] The appeal decision is therefore intended to form the basis for the investigation of Hiria’s claim under s 2(a)(i) and records the relevant background facts and medical information that have a bearing on the consideration of the claim in light of Mitchell, and the directions that wil...

9. EG v WN Ltd [2017] NZDT 1423 (8 December 2017) [pdf, 187 KB]

   ...was for a “full international relocation”. This suggests that all goods were to be shipped for the price. However, this wording does not colour any objective interpretation of the words of the quote. The invoice was sent after the contract was formed and the wording was simply generated by the company billing system. 10. In summary, the clarity with which the contract defines the price based on one container cannot be overlooked. The contract price of $9,180.00 was for only o...

10. QC v S Ltd [2024] NZDT 549 (19 July 2024) [pdf, 184 KB]

    ...not that the wrench was mistakenly left out of the items given to QC, I find that QC is entitled to a refund of the money he has paid for the item, which is $90.00. Referee: M Wilson Date: 19 July 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...