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1. Waitangi Tribunal - issue 68 of Te Manutukutuku [pdf, 2.7 MB]

   ...The third rotation (eight hearings) commenced at Whitiora Marae and the Returned and Services Association, Kerikeri, in June 2015. On the current schedule, the 21 stage 2 hearings are due to finish in November 2016. The claimants have recently requested additional hearing time and, following a con­ sultative conference in May 2015, the Tribunal is now considering the submissions of the parties. Meanwhile, the Tribunal­com­ missioned casebook programme of research on local issues...

2. Cotter v Accident Compensation Corporation (Personal Injury) [2024] NZACC 013 [pdf, 249 KB]

   ...Respondent Hearing: On the papers Appearances: J Cartwright for the Appellant L Hansen for the Accident Compensation Corporation (“the Corporation”) Judgment: 30 January 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 20, 25, 26 , Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 7 February 2023. The Reviewer dismissed an application for review of the...

3. M Ltd v DN [2024] NZDT 863 (12 September 2024) [pdf, 92 KB]

   ...interest and $3,450 for debt collection fees. Issues to be determined are: (i) Is DN liable to pay $24,247.43 as claimed? Is DN liable to $24,247.43 as claimed? 5. The relevant law is the Contract and Commercial Law Act 2017. A contract is formed when parties agree on the terms and conditions under which goods or services will be provided. 6. There is no dispute between the parties as to the original cost of the project. However, DN has claimed the work lacked reasonabl...

4. [2016] NZEmpC 129 Maharaj v Wesley Wellington Mission Inc [pdf, 155 KB]

   ...employed by the Chief Executive of the (then) Department of Labour who was the holder of a current general authority to sign agreed terms of settlement for the purposes of s 149 of the Act. The record of settlement noted the mediator had been requested by the parties to sign the terms of settlement and, before signing that he had described the effect of s 149(1) and (3) of the Act to them. In signing the record the mediator stated in relation to s 149(3): I am satisfied that th...

5. LCRO 181/2017 FW and KP v BG (31 October 2019) [pdf, 173 KB]

   ...[10] That day, the contractor issued a payment claim under the building contract which [Firm B], as successor architect to [Architecture Firm A], had to process within the time frame specified in the building contract. On 7 October 2015, [Firm B] requested information from the contractor to complete a payment schedule. Having obtained input 2 NZIA form: see r 1.3, 1.4 and 19.1; Schedule A1. 3 NZIA form, r 19.1: "Architect means th...

6. NI & SL Ltd v AI [2024] NZDT 334 (18 April 2024) [pdf, 142 KB]

   ...and AI. NI also acknowledged and I accept that she signed as guarantor and that she would be personally liable under clause 18(1) for any breach causing loss to vendor. What were the terms of the agreement? 8. 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. What was agreed is looked at objectively, i.e. by looking at what...

7. HG & IU v AA [2023] NZDT 790 (23 December 2023) [pdf, 92 KB]

   ...payment for the service they provided to AA. 2. HG and IU claim the sum of $3,500.00 for their services. The issue to be determined is whether HG and IU are entitled to any further amount of money for their services. 3. For a contract to be formed between two parties there must be an intention to create legal relations, they must intend to create a legally binding, enforceable arrangement. The terms of the contract must also be sufficiently clear and certain. 4. The parties...

8. Tenancy Tribunal Annual Report 2024 [pdf, 1 MB]

   ...Tribunal). Openness is essential to justice and this report is intended to assist the public and users of the Tribunal in understanding who we are, what we do, how we operate, the pace at which we work, the context in which we function, and how our performance in 2024 compares with previous years. 2024 was a busy year for the Tribunal. Application numbers have continued to increase, the cases we hear are becoming increasingly complex and recent law changes have altered the legal lan...

9. JY v B Ltd [2023] NZDT 64 (17 July 2023) [pdf, 189 KB]

   ...care and skill, its employees tried to explain to the applicant that the vehicle had failed the warrant and identified the two areas that required attention, the power steering belt and the brakes. The 1 The applicant claims he was given contrary information about why the belt failed. He found this misleading. CI0301_CIV_DCDT_Order Page 2 of 4 respondent submits that it only contracted to provide an inspection service to identify non-compliance with the legislation and never agree...

10. [2014] NZEmpC 144 Nash v NZ Trade & Enterprise and Wellington Regional Chamber of Commerce [pdf, 151 KB]

    ...eventually terminated for redundancy by WRCC on 2 October 2009. [9] Mr Nash's principal duties related to the development and operation of a business website for the Partnership and an online business assessment tool. From all accounts he performed his role with distinction and he was involved in several governance meetings with key stakeholders. No performance issues appear to have arisen about the way in which Mr Nash carried out his functions as Systems Administrator....