Search Results

1. [2012] NZEmpC 61 Pacific Flight Catering Ltd v Service and Food Workers Union [pdf, 135 KB]

   ...on the same terms and conditions (including as to continuity of employment), the Union sought copies of these records erroneously from PFCL. It did so by writing to the company repeatedly over the months of February, March, April and May 2011 requesting this information on behalf of 12 of its members covering a period of 12 months before their transfer. PFCL declined to provide such records, saying that it was not the employer of the Union members. [10] The Union then applied to...

2. Ross and Ellis v Te Moni - Otumoko B4 (2010) 2 Waikato Maniapoto MB 243 (2 WMN 243) [pdf, 62 KB]

   ...consent to build a temporary house on the block. The defendants used their savings to build a house on the block and have lived there since 1996. [5] In evidence Mr Ellis said that he sent a letter to the defendants on or about 16 August 2005 requesting that they quit the block and remove their house. He said that since then he had on two or three occasions orally asked the defendants to remove their house. He also mentioned that he had written some additional letters to the defe...

3. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...the International Covenant on Civil and Political Rights and with art 27, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Limitation on civil proceedings - section 27(3) 9. Clause 21(3) of the Bill excludes damages or any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under the Bill. 10. I have considered the potential application of s 27(3) of the Bill of Rights Act, namely the right to bring civil proceedi...

4. Guo v PwC (Discovery and Search Order) [2021] NZHRRT 22 [pdf, 349 KB]

   ...circumstances [5] The proceedings against PwC under the Privacy Act [14] The interlocutory applications filed by Ms Guo [15] PWC – THE DISCOVERY APPLICATION [21] The Tribunal’s power to order discovery [21] Pleadings – the statement of claim [25] Pleadings – the statement of reply [27] Assessment – the issues which will determine the scope of discovery [28] Whether formal discovery should be ordered [32] Reasons for formal discovery being ordered [36] Use of discov...

5. Hutchison v Solomon [pdf, 137 KB]

   ...because it would not have been obvious without removal of the path, fill etc. In the context that he was not converting the basement area from a non-habitable space to a habitable space but was rather just replacing linings to that area, I had formed the view that it was not incumbent on him to check out the waterproof nature of the lining to the exterior of that wall and there was not a duty of care owed to subsequent purchasers for him to do so. 6.26 Other factors that are r...

6. [2021] NZACC 33 - McSherry v ACC (10 February 2021) [pdf, 241 KB]

   ...compromise on all three levels that have been reported. In the comments the radiologist mentioned multi level shallow disc protrusion in the lower lumbar spine without evidence of neural compromise. [44] On 4 February 2013, Mr Rietveld requested that the appellant be referred for review to the Burwood Pain Clinic. He said that a recent MRI showed multi-levels discogenic changes in the lower back and that higher up he had anterior partial fusions. He said the appellant ha...

7. Form 79 Response to Third Party Claim [pdf, 203 KB]

   Form 79 Ministry of Justice Collections Unit   www.justice.govt.nz/f ines/civil-debt 0800 658 952 Notice to registrar: response to third party claim Court reference number Agent reference number This notice relates to the court case between (Full name of judgment creditor(s))  and (Full name of judgment debtor)  To a registrar of a District Court This document notifies you that: Select one of the following: I accept (Name of third party’s)  claim to ownership of the follow...

8. DT v-S Ltd [2019] NZDT 1510 (30 September 2019) [pdf, 96 KB]

   ...the terms of the agreement? b) Should a refund be ordered under the Fair Trading Act 1986 (FTA)? Is DT is entitled to a refund under the terms of the agreement? 5. When interpreting a contract, the courts inquire what a reasonable and properly informed third party would consider the parties intended the words of their contract to mean, taking into CI0301_CIV_DCDT_Order Page 2 of 3 account the “factual matrix” surrounding the contract. The courts have held that any ambiguity i...

9. DC and SN v KH [2020] NZDT 1449 (23 September 2020) [pdf, 215 KB]

   ...reasonable losses suffered as a result of the collision? 14. As the claim has not been proven, the losses do not need to be addressed and the claim is dismissed. Referee: J Perfect Date: 23 September 2020 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...

10. BI v H Ltd [2023] NZDT 497 (20 September 2023) [pdf, 94 KB]

    ...occurrence from happening. 10. As I have found that H Ltd did not owe a duty of care to hazard mark the trailer drawbar, the claim is dismissed. Referee: Ms Cowie DTR Date: 20 September 2023 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...