Search Results

1. [2017] NZEmpC 102 Kaipara District Council v McKerchar [pdf, 176 KB]

   ...Employment Relations Act 2000 (the Act). [4] Costs were reserved with a timetable being imposed that would have ensured Chief Judge Colgan could have resolved any application for costs prior to his retirement. However, on 28 June 2017, counsel requested a revised timetable so that this could no longer be the case. [5] In a minute issued on 29 June 2017, Chief Judge Colgan recorded these views: If it assists the parties and the Judge who is to determine costs, my present vie...

2. DC v NL [2024] NZDT 263 (25 January 2024) [pdf, 172 KB]

   ...8. In conclusion, I find that NL did not breach the CGA and therefore DC is not entitled to any compensation, therefore the claim is dismissed. Referee: Sara Grayson Date: 25 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 rehe

3. KQ v LI [2023] NZDT 593 (6 November 2023) [pdf, 93 KB]

   ...hearing LI’s phone number was [redacted]. The Referee noted that LI initially answered then hung up, then did not answer 2 further calls. Then later that day he called the court and provided his wife’s number to be used, not the number in the claim form. Referee: J Savage Date: 6 November 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...

4. KQ v UN [2024] NZDT 52 (19 January 2024) [pdf, 127 KB]

   ...damage to [car 2]. This is sufficient proof of liability in a civil claim. UN is therefore liable for the total repair costs for both cars of $10,237.93. Referee: E Paton-Simpson Date: 19 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...

5. NC v HU [2023] NZDT 692 (21 December 2023) [pdf, 193 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

6. TT v D Ltd & TC [2024] NZDT 488 (25 June 2024) [pdf, 171 KB]

   ...SECOND RESPONDENT TC The Tribunal orders: The claim is dismissed. Reasons: 1. In September 2023, TT purchased a tenanted two-bedroom apartment with a carpark in [suburb] from TC for $29,000.00 at an auction held by D Ltd. TT was informed by the tenants during the pre-settlement inspection that there was a leak in the sink and shower. Settlement went ahead, but TT subsequently resold the apartment to her property manager, who had originally managed the property for TC...

7. [2018] NZSSAA 12 (28 February 2018) [pdf, 158 KB]

   ...states that the Ministry relies on a letter to the Authority from the Appeals Officer dated 12 October 2017 to support its submissions. [14] The Appeals Officer contends that asking an applicant for a benefit to attend a local office amounts to performance of an ancillary function under the State Sector Act 1988, not a decision. The officer cites s 32 of the State Sector Act which requires the Chief Executive to discharge his responsibilities for the efficient, effective, and eco...

8. Te Ohu Kaimoana Trustee Limited v Te Rūnanga nui o te Aupōuri - application under s 182(4) Māori Fisheries Act 2004 (2015) 102 Taitokerau MB 1 (102 TTK 1) [pdf, 314 KB]

   ...relevant. Reliance is placed on an affidavit of Mr Haami Piripi filed in support. Mr Piripi is the current Chair of Te Rūnanga o Te Rarawa. Mr Piripi refers to a mana paradigm developed by Maori Marsden as a benchmark. That paradigm identifies three forms of mana. Mana tupuna (or atua) derived through ancestry and defined by genealogical relationships. Mana tangata, an expression of the inherited attributes of the individual and mana whenua/moana the ability to make decisions about...

9. Ruka - Taheke 23 A (2012) 2012 Chief Judge's MB 416 (2012 CJ 416) [pdf, 192 KB]

   ...a marae for “many years” and that Hiri Reihana Ruka “asks only that a site be taken from his share of the land”. In essence the request of Hiri Reihana Ruka has been granted by the Court. 26. On 29 April 1974 Wahineiti Ellen Huriwai requested that the Court allocate an area of 2 acres for the marae and advised that “Hiri Richard Ruka filed the application on behalf of the Committee”. The Applicant claims that Hiri Richard Ruka was the “donee for Taheke 23A” but...

10. [2021] NZREADT 11 - Beath v The Real Estate Agents Authority, Mike Pero Real Estate Ltd, Kemp & Scoble (22 March 2021) [pdf, 246 KB]

    ...(affirmed by the Court of Appeal in Nottingham v Real Estate Agents Authority [2017] NZCA 1. 5 See Nottingham, at [81]. [a] Emails dated 4 and 6 March 2019 (which refer to emails and documents relating to the March 2015 transaction); [b] Cross-claim documents in a High Court civil proceeding brought by Mr Beath against the vendors of the property, the Agency, and the licensees (“the cross-claim documents””); [c] Emails between the Agency’s Administrator and the lice...