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1. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

   ...one expert was not being called shortly before the hearing commenced. Experts met only during the hearing period. If documentation had been prepared on time an experts‟ conference before the hearing may have been possible and would have informed the assessor of the differing views contrary to his. This would have especially applied once he was advised as to the application of Xypex coating in lieu of paint or plaster. Calderbank letter [11] In August 2008 all the responde...

2. [2020] NZEmpC 95 Rachelle v Air New Zealand Ltd [pdf, 195 KB]

   ...NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2020] NZEmpC 95 EMPC 250/2017 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN GEORGINA RACHELLE Plaintiff AND AIR NEW ZEALAND LIMITED Defendant Hearing: On the papers Appearances: G Rachelle, plaintiff in person A Caisley, counsel for defendant...

3. AS v EI Ltd [2023] NZDT 2 (24 January 2023) [pdf, 169 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 2 APPLICANT AS RESPONDENT EI Ltd The Tribunal orders: EI Ltd is to pay AS the sum of $44.00 on or before 28 February 2023. Reasons 1. AS ordered a grape plant from EI Ltd nursery in [Town], and paid $44.00 including shipping. She supplied her address to EI Ltd but unfortunately EI Ltd supplied the incorrect ad...

4. DX v E Ltd & ET [2022] NZDT 170 (30 September 2022) [pdf, 96 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 170 APPLICANT DX RESPONDENT E Ltd SECOND RESPONDENT ET The Tribunal orders: 1. ET is to pay $19,665.00 to DX before 30 October 2022. 2. The claim against E Ltd is dismissed. Reasons 1. Around September 2021 DX discussed constructing and laying a driveway at his property at [Address] with ET. 2. ET...

5. TC v DG [2023] NZDT 25 (17 March 2023) [pdf, 187 KB]

   ...quality or durability. Legally that risk is hers and cannot be shifted back to DG, so the claim must be dismissed. Referee: E Paton-Simpson CI0301_CIV_DCDT_Order Page 2 of 3 Date: 17 March 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 for...

6. LA - Part 2 - Areas of Law Waitangi Tribunal - Additional examples [pdf, 392 KB]

   MOJ0052-JUNE13_AAreAs of lAw – MĀori lAnd/AppellAte Court, wAitAngi tribunAl AppendiX PagE 1 / 2 additional Case Example Form – Waitangi Tribunal You will need to complete this form for each case example you provide. If you print and complete please make copies of this case example form as necessary. If you complete the form online, please save each example on your computer and repeat as necessary before printing. inquiry or Case details Name or inquiry number Date D D / M M...

7. Waitangi Tribunal - issue 57 of Te Manutukutuku [pdf, 571 KB]

   ...Hapü within six months of the signing of the media- tion agreement. It is expected the governing body, Te Röpü Matua, will have the robust mandate required by the claims process to effectively par- ticipate throughout. The hapü have also formed a new claims committee Te Röpü Whenua, comprising three members from both former claims. They will ensure their claims are particularised and filed as required by the Tribunal under the new approach. This agreement is of importance...

8. 2017 NZSSAA 046 (15 August 2017) [pdf, 98 KB]

   ...pension, obviously as WINZ was unaware that he was already in receipt of this payment. The Ministry agrees that Mr XXXX continued to receive letters and forms which indicated either that he had not yet applied for a UK pension or that an incomplete application form had been received from him. [5] It is also agreed that Mr XXXX told the Ministry that he was eligible for a Navy pension which was added to his income. [6] On 20 May 2013 Mr XXXX applied to include his wife as...

9. [2015] NZEmpC 62 Dynamic Meats 2014 v Hodges Allen [pdf, 91 KB]

   ...number of factors such as the length of the delay, the reasons for the delay, any prejudice resulting from the delay and the apparent merits of the proposed challenge. Background [6] Before the Authority, Ms Rebecca Hodges and Ms Tui Allen (the applicants before the Authority) claimed that they had each been unjustifiably dismissed from their employment with Dynamic Meats at Hastings. The Authority consolidated both claims for one investigation meeting. However, Dynamic Meats did...

10. Miller-Hard v Stewart [pdf, 277 KB]

    ...the Court to have the proceedings transferred to adjudication under the Weathertight Homes Resolution Services Act 2002 (“WHRS Act”). This was confirmed in the reserve judgment of Judge P S Rollo on 14 March 2003. 1.6 The Owners made an application to the Weathertight Homes Resolution Service (“WHRS”), and their claim was deemed to be an eligible claim under the WHRS Act. The Owners then filed a Notice of Adjudication under s.26 of the WHRS Act on 27 November 2003....