Search Results

1. [2020] NZEmpC 94 Independent Prosperity Ltd v Huang [pdf, 198 KB]

   ...allocation for that step, because the proceeding did not involve any notice to answer interrogatories such as might be administered under r 8.34 of the High Court Rules 2016.5 The company says that Ms Huang has incorrectly treated an informal request for copies of documents with signatures on them, for examination by an expert witness, as administering interrogatories. [24] Mr Hinchcliff considered the step to be applicable because it involved a response to a request for informat...

2. Body Corporate 337872 Grace Joel Retirement Village Limited [2013] NZWHT Auckland 16 [pdf, 87 KB]

   ...DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL [1] Grace Joel Retirement Village Limited lodged a multi-unit claim with the Building and Housing Group of the Ministry of Business, Innovation and Employment for the units that form part of the Grace Joel Retirement Village. The assessor in completing his report accepted that the complex leaked and that the relevant building work was completed within ten years of the date the claim was lodged. The chief exec...

3. Fast Dispute Resolution - consultation on a new statutory adjudication framework - Screen readable version [docx, 245 KB]

   ...framework 10 Proposed key elements of a new adjudication framework 10 Theme 1: Who could use an adjudication framework? 11 Parties that can use adjudication 11 What disputes can be adjudicated? 12 Voluntary participation 13 Setting a threshold for payment claims 13 Cross-border disputes 14 Theme 2: Who should provide adjudication services? 15 Adjudicator qualifications 15 Adjudicator authorisation 15 Adjudicator powers 16 Adjudicator duties 17 Enabling flexibility in adjudication methods 17 The...

4. Atkins & Ors as Trustees of the Bruce Family Trust v North Shore City Council [pdf, 284 KB]

   claim-01505.doc Claim No: 1505 Under the Weathertight Homes Resolution Services Act 2002 In the matter of an adjudication claim And Peter Bruce Frederick Atkins, Peter Bruce Frederick Atkins and John Richard Muller as trustees of The Bruce Family Trust Claimants And North Shore City Council First respondent And Grant Williams Second respondent And Jason Williams Third respondent And Grant Williams and Jason Williams and Desmond Sarjant Williams as trustee...

5. UC v K Ltd [2024] NZDT 426 (17 June 2024) [pdf, 188 KB]

   ...that no administration fee is refundable since it appears none was paid by him. 16. Because the claims are all dismissed, there is no need to discuss issue 3. Referee: M Wilson Date: 17 June 2024 Page 4 of 4 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...

6. OIA-122273.pdf [pdf, 1 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 9 June 2025 Ref: OIA 122273 Tēnā koe Official Information Act request: Smith v Fonterra litigation I refer to your email of 26 March 2025 to the Office of the Prime Minister, Rt Hon Christopher Luxon, requesting information relating to the Smith v Fonterra litigation, under the Official Information Act 1982 (the Act). Specifically,...

7. LS v T Ltd & BU [2025] NZDT 124 (3 April 2025) [pdf, 185 KB]

   ...2004 (“LTR”) explains the rules that all drivers must abide by in New Zealand. 12. There is no specific reversing offence in the Land Transport Act 1998 or the LTR. However, the Courts have recognised that a driver who is reversing is performing “an unusual manoeuvre” and have placed upon the reversing driver an obligation, although not absolute, to take care that nothing is likely to be struck while reversing. 13. LS said he was parked in one of the [Shop] car parks near...

8. Te Manutukutuku Issue 20 [pdf, 2.7 MB]

   ...hui be called. The Tribunal urged that the first objective of the hui should be to decide on the criteria for appointment of the commissioners and only then should it move on to the selection of possible candidates. The Tribunal did not make a formal recommendation on the role of the Maori negotiators in the selection of commission members. However, it urged the minister to use the negotiators for advice on criteria for appoint­ ment, but, because the Maori negotiators were appointed...

9. FD v WJ Ltd & LD Ltd [2015] NZDT 1465 (10 December 2015) [pdf, 147 KB]

   ...itself be provided with reasonable care and skill, even if there is no extra charge for that advice. Section 29 of the CGA provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. 12. Based on the evidence before me, WJ through its agent LD failed to take...

10. MN v O Ltd [2024] NZDT 130 (15 April 2024) [pdf, 214 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 boun...