Search Results

1. [2015] NZEmpC 149 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 140 KB]

   ...[3] In the first proceeding (EMPC 152/2015) the Union and its members employed at (now) three North Island meat plants allege that AFFCO’s actions in insisting upon employing those employees on the company’s own and largely non- negotiable form of individual agreement is unlawful in a number of respects. In June 2015 when that proceeding was first issued, those plaintiffs also sought an interlocutory injunction restraining AFFCO from unlawfully locking out those employees. For...

2. [2025] NZEmpC 188 O'Brien v The Platform Media NZ Ltd [pdf, 196 KB]

   ...generally.5 [12] The period of delay in filing the statement of defence was between 31 March and 8 April 2025. That is a period of seven days, which cannot be categorised as a minimal delay. However, the period of delay needs to be considered with the request to consent to the late filing of the statement of defence on 2 April 2025. [13] The affidavit evidence supports the claim that the delay was due to error or inadvertence rather than to a deliberate decision not to file a de...

3. KN & PN v V Inc [2023] NZDT 354 (11 August 2023) [pdf, 93 KB]

   ...but international carriage by air is governed in New Zealand by the Montreal Convention, which has been incorporated into New Zealand law by s 91C of the Civil Aviation Act 1990. The courts have held that the Convention regime is intended to be a uniform international code, and to be exclusive of any resort to the rules of domestic law. 7. Article 19 of the Convention states, “The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.�...

4. XD v G Ltd [2023] NZDT 432 (23 August 2023) [pdf, 94 KB]

   ...recall there are customer satisfaction programs in which they have been replaced free of charge for customers. 8. ND acknowledged that there had been issues with tip corrosion when the engines were not run long enough to heat up, so condensation formed. He said that there was a program for replacing them in [Continent], but not in New Zealand. Even if there were such a program, it is not proven that XD’s would be entitled to have his vehicle fixed under it. There is no contract betwe...

5. KX v M Ltd [2024] NZDT 803 (17 September 2024) [pdf, 93 KB]

   ...which has been appropriately calculated as the reduction in value from the original purchase price of the fridge based on its remaining expected life at the time of its failure, plus the reasonably foreseeable loss resulting from that failure in the form of a technician’s fee to assess the problem. Referee: J Perfect Date: 17 September 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something...

6. Dodd [pdf, 90 KB]

   ...note. She suggests it is therefore unreliable to take this as a final inspection. She submits that there is in fact no evidence on the Council file which states when the final inspection took place. [8] Ms Dodd further submits that the information now available suggests that it is likely the property was not occupied until September 1999 at the earliest and may not have been until 2001 when the gas was supplied. Ms Dodd also submits that the date the Department of Building...

7. Tau v Nga Whanau o Morven and Glenavy - Waihao 903 Section IX Block [2010] 2010 Maori Appellate Court MB 167 (2010 APPEAL 167) [pdf, 266 KB]

   ...Waihao 903 Section IX (“Section IX”) as trustee. The respondents say he did while the appellant and other descendants of Henare Te Maire say he did not. [2] By orders dated 10 June 1887 the Native Land Court vested ten sections comprising the former Waihao 903 block in various individuals. Sections I to VIII were vested in groups of owners. Sections IX and X were vested in Henare Te Maire solely. [3] Section IX is 1 acre 3 roods in area. From at least the 1930s the land was...

8. Taueki v The Trustees of Horowhenua 11 (Lake) Trust (2011) 274 Aotea MB 191 (274 AOT 191) [pdf, 107 KB]

   ...supporting her position. [14] In addition, Ms Taueki argues that her action in engaging counsel was not to delay the proceedings, on the contrary. She says that additional time for her lawyer who had just taken the case on was required but claims that the judge hearing the application denied the request. However, Ms Taueki says that when Horizon filed briefs one or two days before the hearing an extension was granted. Finally Ms Taueki says that she could think of nothing that s...

9. NE v QB Ltd [2022] NZDT 135 (6 September 2022) [pdf, 234 KB]

   ...to buy the [N Vehicle]. The [N Vehicle] is a left hand drive car, and so its owner needed a left hand drive permit (LHDP) from NZTA in order to be able to register it in their name. NE says he CI0301_CIV_DCDT_Order Page 2 of 6 filled out the forms to apply for a LHDP. NE has not been able to provide copies of these documents to the Tribunal and QB Ltd dispute that they exist. 8. NE says that he and E agreed that the finance documents for the [N Vehicle] would be in E’s name.

10. EU v O Ltd [2023] NZDT 308 (8 August 2023) [pdf, 131 KB]

    ...Tribunal orders: O Ltd is to pay EU the total sum of $1680.00 on or before Tuesday 29 August 2023. Reasons: 1. By written contract dated 22 August 2019, EU was engaged by O Ltd as head coach. She was required to obtain a work visa to perform her duties under the contract. The contract was a contract for services and the contract term was for a period of two years but was able to be terminated by either party providing a minimum of six weeks’ notice of termination within the...