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1. GT Ltd v SX & TX & EN Ltd [2022] NZDT 49 (27 January 2022) [pdf, 122 KB]

   ...The workshop was not responding to the applicant’s emails initially, because they were going to junk mail. The workshop needs to bear the responsibility for this communication problem: a business should ensure it can receive responses from email addresses it sends invoices to and cannot simply blame its junk mail protocols. 11. I find it likely that the applicant suffered some real inconvenience as a result of the Polaris being detained, given the vehicle had been purchased new quite...

2. OX v ND [2022] NZDT 62 (29 June 2022) [pdf, 111 KB]

   ...be determined were as follows: a. Did either party breach the contract? b. If so, what if any damages/compensation is payable? Did either party breach the contract? 4. When two parties reach agreement, for example, that one will provide services in return for payment, then a legally binding contract arises. When one party fails to comply with its obligations, they have breached the contract and damages may be payable to the other party for losses suffered as a result of the br...

3. 2023 NZPSPLA 054 [pdf, 107 KB]

   ...Is Mr Wood guilty of misconduct? • If so, what is the appropriate penalty? Was Mr Wood working in a role which requires him to have a security licence? [5] Mr Wood advises Naki Security is the trading name that his company Custom Auto Services Limited (Custom Auto) uses when he enforces parking time limits and clamping cars at both the Richmond Centre Car Park and one other car park in New Plymouth. Custom Auto has no formal contract to enforce parking, but Mr Wood has a casua...

4. [2018] NZEnvC 126 The Wellington Company Limited v Save Erskine College Trust [pdf, 4.9 MB]

   ...before submitting the relevant design package to HNZPT for certification ("certification request"). TWCL shall include in its request for certification any feedback received, together with an explanation as to how any concern raised has been addressed and/or why any suggestion received has not been adopted. (c) TWCL shall not proceed with any of the works provided for in the CWMP, until the CWMP is certified, as follows: (i) HNZPT certifies the CWMP, within 15 working days of...

5. [2024] NZEmpC 252 Soundhomes NZ Limited v Doughty [pdf, 258 KB]

   ...BETWEEN SOUNDHOMES NZ LIMITED Applicant AND PHILIP CARL DOUGHTY First Respondent AND PROCLADD EXTERIOR SOLUTIONS LIMITED Second Respondent AND BLACKDOG FINISHES LIMITED Third Respondent AND PREVENT SERVICES LIMITED Fourth Respondent Hearing: 16 December 2024 (Heard at Wellington via Audio Visual Link) Appearances: J Leenoh and M Bouzaid, counsel for applicant MC Donovan and D Montepara, counsel for respondents...

6. [2021] NZACC 90 - Goh v ACC (24 June 2021) [pdf, 172 KB]

   ...subsequently challenged the arrears calculations on a number of occasions and in a number of respects.7 In essence, these challenges concern whether, and how much, 2 Goh v Commissioner of Inland Revenue [2011] NZCA 344 at [3] 3 Work and Income New Zealand (WINZ), a division of MSD 4 above n 2, at [13] 5 above n 2, at [15] 6 Goh v Chief Executive of the Ministry of Social Development HC Auckland CIV-2008-485-2391, 30 June 2009 7 including Goh v Chief Executive of the Ministry of Soc...

7. [2018] NZEmpC 154 TUV v WXY [pdf, 512 KB]

   ...agreement. Accordingly, the inquiry need go no further. (c) Third, even if the plaintiff could show that she was mentally incapacitated at the time she signed the settlement agreement, she would also need to satisfy the Court that the defendant knew or ought to have known that she was mentally incapacitated. This threshold was not met on the facts and the Court could not intervene. (d) Finally, even if the knowledge threshold was met, something more than a hard bargain was requi...

8. [2023] NZEnvC 030 Te Rūnanga o Kaikōura v Marlborough District Council [pdf, 1.3 MB]

   ...relevant requirements and objectives of the RMA including, in particular, pt 2. ______________________________ J J M Hassan Environment Judge 5 List of appellants ENV-2020-CHC-000050 Trustpower Limited ENV-2020-CHC-000051 The New Zealand King Salmon Company Limited ENV-2020-CHC-000058 Federated Farmers of New Zealand ENV-2020-CHC-000067 Environmental Defence Society Incorporated ENV-2020-CHC-000074 Marine Farming Association Incorporated ENV-2020...

9. Federated-Farmers-of-New-Zealand.pdf [pdf, 537 KB]

   ...September 2020 169 London Street PO Box 447 Hamilton Telephone: 07 858 0815 Email: ljeffries@fedfarm.org.nz Solicitor acting: Nikki Edwards / Laura Jeffries To: The Registrar Environment Court Auckland Federated Farmers of New Zealand Inc (“Federated Farmers”) wishes to be a party to the following proceedings: Wairakei Pastoral Limited v Waikato Regional Council ENV-2020-AKL-000098 Federated Farmers made a submission about the subject matter of the...

10. [2010] NZEmpC 79 Silver Fern Farms Ltd v North [pdf, 50 KB]

    ...alternative work. 4. All of this caused me and my family considerable stress and worry. I would appreciate your consideration of these concerns and look forward to a meeting with you. [12] The company’s response was by letter dated 1 April 2005 addressed to the union. The employer’s letter summarised the company’s records about Mr North’s injuries. It then noted: You would only be entitle[d] to Boners rates of pay if you [were] a signed off competent Boner and would hav...