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1. BORA Ngai Tai ki Tamaki Claims Settlement Bill [pdf, 5 MB]

   ...consistent 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.' Whether s 27(3) at issue 9. Clause 90(3) of the Bill excludes damages or other forms of monetary compensation as a remedy for a failure of the Crown to comply with a primary industries protocol, or a taonga tuturu protocol. 10. This clause may be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Ac...

2. KI v NX & DX [2022] NZDT 160 (12 October 2022) [pdf, 200 KB]

   ...is reference to an ACC claim number in the invoices for medical costs) and therefore s 317 prevents him from bringing his claim for medical expenses. Referee: R Merrett Date: 12 October 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 rehe...

3. IM v IS [2024] NZDT 208 (12 March 2024) [pdf, 96 KB]

   ...jurisdiction to hear the claim. Accordingly, the claim is struck out. Referee: DTR Fuli Date: 19 March 2024 CI0301_CIV_DCDT_Order 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 reh...

4. NU v OA [2023] NZDT 748 (19 December 2023) [pdf, 224 KB]

   ...is to pay Mr NU the sum of $590.58. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: K Johnson Date: 19 December 2023 Page 5 of 5 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 reh...

5. NM & TX & KC [2024] NZDT 758 (13 November 2024) [pdf, 122 KB]

   ...to her. 2. NM and TX claim $4,999.00 from KC for her contribution, saying completion of the fence cost them in excess of $12,500.00. In claiming this sum they acknowledge there was no agreement for KC to pay this specific sum, but the claim form required them to nominate a sum, and they say this represents a fair contribution in all the circumstances. 3. This matter was heard before me by teleconference on Friday 11 October 2024 at 2pm. KC previously provided written submission...

6. NN v D Ltd [2025] NZDT 82 (10 February 2025) [pdf, 194 KB]

   ...evidence at the hearing on 10 February 2025. NN advised at the hearing that SF is his uncle and that [Engine Rebuilding Service] is owned by SF’s son, NN’s cousin. 13. There is extensive technical evidence before the Tribunal, both in the form of written reports, technical data and of photographs, as well as the above-mentioned oral evidence from SF. I will not attempt to repeat or summarise all of this evidence in this order. I note that this was clearly a complicated job, where...

7. [2012] NZEmpC 185 Yang v L E Builders Ltd [pdf, 165 KB]

   ...from a determination of the Employment Relations Authority (the Authority). 1 The Authority dismissed a personal grievance filed on Mr Yang’s behalf, finding that he was a contractor rather than an employee. The challenge proceeded by way of formal proof hearing. Counsel acting for the defendant company had previously been granted leave to withdraw, and the company failed to appear. [2] The primary issue before the Court is whether, at the time Mr Yang’s engagement with...

8. [2019] NZEmpC 5 Hatcher v Burgess Crowley Civil Ltd [pdf, 268 KB]

   ...appointed to analyse the wage and time records was discussed. However, this never occurred. f) The plaintiff, frustrated with the lack of progress as to an independent review of the outstanding issues or otherwise, instructed Ms Dodunski to request that the outstanding issues be brought on for consideration at an investigation meeting. A second investigation meeting was accordingly scheduled for 17 May 2018. g) At the commencement of that meeting, Ms Dodunski made an oral app...

9. ST & CT v OU [2021] NZDT 1606 (21 June 2021) [pdf, 201 KB]

   ...and place. Did OU meet its duty of care by maintaining this section of road within the tolerances of its roading maintenance contract with GI? 17. The roading maintenance contract stipulates maximum tolerances for various types of road deformations / defects (shunts, heaves, potholes, etc). 18. The contract also obliges GI to carry out road inspections. 19. Mr L explained that GI carries out an annual ‘road truck test’ in addition to more frequent visual inspections.

10. D Ltd v B Ltd [2021] NZHC 1600 (24 June 2021) [pdf, 230 KB]

    ...remedial work. It must have arisen within two years and have been carried out during that two years so that the costs are incurred during that two-year period. 12. Therefore, it is necessary to look at the evidence of the costs incurred by B in performing remedial work. What amount is payable and by whom? 13. B presented evidence of $10,025.00 of remedial work as reviewed by Dr L. Dr L is an independent clinician and he reviewed the records for each patient, including radiolog...