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1. [2023] NZEmpC 56 Te Whatu Ora – Health New Zealand v Public Service Association, Te Pūkenga Here Tikanga Mahi [pdf, 471 KB]

   ...interim payment might be attached – would work across the Allied groupings given the potentially different findings and timings of commencement which could transpire for the various roles involved. [33] Going on to discuss the resourcing request, he said this was challenging, given the pay equity claim had been raised in respect of more than 100 listed jobs. He also said the DHBs were currently providing significant resources to the pay equity claims. However, he would take...

2. QL v OQ [2021] NZDT 1664 (22 June 2021) [pdf, 116 KB]

   ...termination? b. Did OQ unlawfully terminate the agreement? c. If so, is QL entitled to $3,574.50 as claimed, or any other sum? What terms were agreed regarding termination? 5. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking...

3. BK & DU Ltd & WL v UX Ltd [2021] NZDT 1663 (8 July 2021) [pdf, 220 KB]

   ...it about bright-line tax prior to the purchase taking place and because he didn’t the trust had to pay tax it was not expecting to pay. Mr X does not accept any liability for the claim based on the terms of engagement and client care service information addressed to the trust dated 25 October 2017 (“terms of engagement”). 2. The trust is claiming $29,996.40 made up as follows: (a) Amount of reassessed bright-line tax payable to the IRD: $19,383.00 (b) Legal fees – [red...

4. LS v Q Ltd [2024] NZDT 254 (22 March 2024) [pdf, 92 KB]

   ...non-liability has failed, LS is ordered to pay the outstanding contract balance of $10,147.31, pursuant to s11(2)(b) of the Disputes Tribunal Act 1988. Referee: L. Mueller Date: 22 March 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 appl...

5. SC & TO Partnership v QS & TS & JT Ltd [2022] NZDT 84 (24 May 2022) [pdf, 256 KB]

   ...from the property and replacing some chattels with alternatives? 8. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. 9. This contract was in the form of the Auckland District Law Societies agreement for sale and purchase tenth edition 2019(2). It included an additional clause under the further terms of sale. Clause 21 states: The property is sold substantially furnished as describe...

6. EN & MN v U Ltd [2022] NZDT 284 (7 October 2022).pdf [pdf, 197 KB]

   ...the cracked benchtop with the same sort. The new benchtop does not match the remaining benchtop. The applicants are claiming for the cost of replacing the cracked bench top and the cost of a new matching bench top. 6. It was not disputed that a former company called S produced the original benchtop and that it was 6mm to 8 mm thick with a backing board. It was a benchtop veneer as an alternative to expensive benchtops which are traditionally imported from [Country]. 7. The benchtop...

7. TD v X Inc [2023] NZDT 179 (27 April 2023) [pdf, 145 KB]

   ...requirement for them to disclose their medical history. TD said the club were making it up as they went and she doesn’t accept that the club had a right to make such a by-law. 9. TD said that as soon as she was asked for proof of vaccination she requested the guidelines that were sent to X Inc’s committee. TD said her request was ignored and the second time that she attempted to go about her business as a club member she was asked again and again her request was ignored. TD said th...

8. TD & LD v GP & Q Ltd [2023] NZDT 377 (28 July 2023) [pdf, 204 KB]

   ...booked with [website] rather than directly through Q Ltd. I am satisfied that TD and LD are entitled to bring a claim against Q Ltd rather than [website]. This is because [website] is Q Ltd’s booking agent and, under the law of agency, a contract formed between Q Ltd and TD and LD when they made the booking through [website]. Was the booking contract frustrated? 6. If the contract between the parties does not contain a provision about what happens if performance is prevented (c...

9. Te Manutukutuku Issue 9 [pdf, 2.7 MB]

   ...Trust and leased to Government Property Services (GPS). The claimants were concerned that sub-leases were being made by Government Property Services at rents well above that being paid the Maori owners. The Tribunal accepted the claimants' request that urgency be given and a hearing was held at Te Tatou 0 to Po marae, Petone, in late March, 1991. The Tribunal consisted of Mr Bill Wilson, the presiding officer, Bishop Manuhuia Bennett, Mrs Georgina Te Heuheu and Professor Gordon...

10. 2020 archive

    ...cases will be heard at the Levin District Court. Providers should claim travel expenses in accordance with the Grants Handbook (link). Legal aid applications and assignment of casesPlease continue to specify Levin District Court on relevant application forms.Providers on the assignment lists for Levin District Court will continue to be assigned on a rotational basis, as per current practice.Thank you for your co-operation and patience while this work was undertaken. Invoicing for Parole Proceed...

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