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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. [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...

3. [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...

4. 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.

5. 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...

6. SM v KN [2024] NZDT 176 (11 March 2024) [pdf, 190 KB]

   ...towing vehicle, hinges (where applicable) and the structural and other related components between the trailer coupling and the trailer bogi or chassis. He says that because there are separate definitions the chassis and drawbar are separate and perform separate functions. He says the chassis is structural and the drawbar reduces the load towards the towball. b) However, SM says that the draw bar is the part that connects the chassis to the tow vehicle. It is all one structure and is all...

7. BN v D Ltd [2024] NZDT 292 (26 April 2024) [pdf, 189 KB]

   ...prior to purchasing [the horse], BN himself an experienced and established horseman within the equestrian industry, inspected and rode [the horse]. BN acknowledged from the trial ride that [the horse] was sound at the time and under BN’s hand performed what BN sought from him. BN turned down, against D Ltd’s recommendation, the getting of a veterinarian pre-purchase check. b. Furthermore, BN commented that prior to becoming lame, [the horse] had improved with his riding during this...

8. UO Ltd & UI Ltd v BU & ND [2024] NZDT 528 (15 July 2024) [pdf, 94 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 3 Referee: P McKinstry Date: 15 July 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 r...

9. B Ltd v KT Ltd [2022] NZDT 94 (22 August 2022) [pdf, 177 KB]

   ...A] property belonging to B Ltd for 2 nights in early November 2021. The accommodation was paid for and the stay completed. 2. TQ of B Ltd later discovered that several commercial photos and videos taken at his property had been uploaded to platforms advertising various products for UE Ltd. KX says the booking was for one day/night of family time and one day/night of photoshoot for UE Ltd. 3. TQ wrote to UE Ltd/KX stating that [Booking Website A]’s rules had been breached as they...

10. Te Manutukutuku Issue 3 [pdf, 2.9 MB]

    ...generally. Common historical background to these claims, i.e. the Crown purchases in the 1850s and 1860s. - The different options for settling claims: hearings, nego­ tiation, mediation. - Presentation of mapping materials provided by the Maori Land Information Office and an explanation of their purpose in research. Department of Survey and Land Information and Maori Land Information staff will be present. The claims involved are: Whanganui 0 Orotu Claimants are Te Otane Reti a...