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1. February Legal Aid News [pdf, 525 KB]

   ...employer’s name or type of benefit)  The application must include whether the customer has control of a trust and/or interest in property (please include property address and market value) If you have any questions in relation to any of this information please do not hesitate to contact the legal aid office 0800 2 LEGAL AID. Repayment of legal aid for domestic violence proceedings An applicant for a protection order in domestic violence proceedings is exempt from the requirem...

2. EL v FO [2022] NZDT 8 (28 April 2022) [pdf, 228 KB]

   ...the above issues, as I have found the cake was iced in accordance with instructions, and as EL took possession of the cake, I find no refund is justified. Referee: K. Edwards Date: 28 April 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...

3. [2008] NZEmpC AC 8/08 Taylor & Anor v von Tunzelman [pdf, 39 KB]

   ...$40,000, this to be paid by Mr Taylor as employer. [9] In the Authority’s “good faith” report to the Court it has reached the following conclusions: • Any criticism of the plaintiffs’ conduct could only relate to the Authority’s request for the provision of documents about commissions. • Not only did Mr Taylor fail to supply the material that he had agreed to but there was no explanation for that failure or request to have further time or be excused from the obliga...

4. [2022] NZEmpC 122 Reunited Employees Assoc Inc v Nelmac Ltd [pdf, 223 KB]

   ...communicative, and that it frustrated the bargaining process.14 [13] The Authority decided that REA’s position, about what was agreed in facilitation, was not arguable.15 [14] The Authority criticised REA’s behaviour as sometimes taking the form of distortion, blatantly denying things had occurred when they had or asserting that things had occurred when the evidence showed they had not. It made trenchant comments about occasions when the union’s impugned behaviour took...

5. [2018] NZEmpC 98 Ovation NZ Ltd v The NZ Meat Workers and Related Trades Union [pdf, 343 KB]

   ...1 Airways Corp of New Zealand Ltd v Postles [2002] 1 ERNZ 71 (CA). 2 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [2018] NZEmpC 92. and that compliance of those requests would be given by 10 August 2018. I reserved leave for the parties to apply promptly with regard to any disclosure issues. [7] Mutual informal disclosure then took place. Counsel for the plaintiffs sought disclosure by email sent on

6. Auckland City Council (as assignee) v Russell [pdf, 30 KB]

   Claim No: 1240 Under the Weathertight Homes Resolution Services Act 2002 In the matter of an adjudication claim Between Auckland City Council (as assignee) Claimant And Mark Brian Russell Respondent Final Determination 14 February 2006 1. Index Para No Heading Page 1. Index 1 2. Summary of Determination 1 3. Quantification 1 2. Summary of Determination 2.1 In the Partial Determination dated 21 September 2005 I found that the Aucklan...

7. [2018] NZSSAA 33 (18 July 2018) [pdf, 161 KB]

   ...question is now before the Authority pursuant to the consent order of the High Court dated 5 May 2016. That order followed a joint memorandum filed by the parties, and the joint memorandum is referred to in the order. This order of the High Court formulated the issues for the Authority in the following way: 46.2 The matter is remitted to the Authority under High Court Rule 21.14(b) and (d) for reconsideration of the question of law in accordance with Williams J’s decision outlined...

8. KD v N Ltd & HX [2023] NZDT 424 (3 July 2023) [pdf, 280 KB]

   ...to the [Address 1] premises (which he says was a high risk flooding area) and as a result of that negligence his bike got water damaged as a result of the 27 January floods. 19. In evidence, KD provided a [Address 1] Network Modelling System Performance Report dated March 2008 which was prepared for (the then) [Suburb] City Council (2008 Report). It says (in relation to the [Address 1] Business District) that this is one of the largest areas of flooding as a result of its flat topogr...

9. BS v KC & DC [2024] NZDT 489 (11 June 2024) [pdf, 243 KB]

   ...5. The parties have each raised issues about the notices served by the other in this claim. 6. KC and DC say that the notices served by BS on 5 and 12 December 2023 were not valid. They say the first valid notice (which included all of the information required by the FA) was received by them on 14 December 2023. They say that the 21 day period for serving a cross notice expired on 4 January 2024, but that BS filed this claim on 3 January 2024. They suggest this means the claim is in...

10. BORA Ngāti Manuhiri Claims Settlement Bill [pdf, 286 KB]

    ...with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act [6]. Exclusion of remedy of compensation/Crown Forest Assets Act 1989 10. Clause 22(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under Part 2 of the Bill. Clause 104(2) prevents any court or tribunal from doing or omitting to do anything, between the date of settlement and t...