Search Results

1. [2024] NZREADT 10 - IH v REAA (12 April 2024) [pdf, 215 KB]

   ...factors: 1. Neither the licensee nor anyone else knew that asbestos was present, at the time of the purchase. 2. The mere possibility of asbestos, unless more probable than not or a significant potential risk, is not a defect engaging r 10.7. [101] We find that there was no hidden or underlying defect triggering the obligations in r 10.7. [102] It seems to us that if there is no defect requiring disclosure, it cannot be said the licensee breached any other rule in relation t...

2. [2024] NZEmpC 136 Stellar Elements New Zealand Limited v Amesbury [pdf, 329 KB]

   ...circumstances, such an order may create challenges for Stellar, but they arise from the way in which the company has handled the restructuring. No reason has been advanced by Stellar as to why these challenges could not be managed sensibly. [101] I conclude it is strongly arguable that permanent reinstatement would be practicable. [102] I turn next to the issue of whether permanent reinstatement would be reasonable. In Angus v Ports of Auckland Ltd, a full Court accepted a subm...

3. LCRO 153/2022 YA v CK (16 July 2024) [pdf, 234 KB]

   ...endeavour to have Mr RQ pass part of his inheritance to Ms YA. There was no legal basis to support that approach. It was a family matter, and that was reflected in the fact that Mr CK advised that she should pen a letter direct to her father. [101] However, Mr CK sent that letter to Ms GA, continuing to advise that Ms YA would be ‘forced to issue proceedings’ if Mr RQ did not make an acceptable offer. [102] The executors of the estate were clearly aware of the time limits impo...

4. [2023] NZEmpC 180 HelloWorld Travel Services (NZ) Ltd v Unsworth [pdf, 350 KB]

   ...as noted above, was awarded three months’ lost earnings pursuant to ss 123(1)(b) and 128 of the Act.17 [100] Ms Unsworth’s annual salary was $130,279.11; six months’ pay equalled $65,139.55; and three months’ pay equalled $32,569.77. [101] In her evidence in the Authority and before the Court, Ms Unsworth provided detail of income from a variety of sources over the six-month period following termination as follows: 17 Unsworth v Helloworld Travel Services (NZ) Ltd, abov...

5. MOJ0047_NOV22_FINAL_WEB.pdf [pdf, 533 KB]

   ...each other and in your community. However, if you feel like you need some more support, the following organisations can help you in a range of ways: ACC For financial support if a family or whānau member has died from an accident. Freephone: 0800 101 996. Website: acc.co.nz/im-injured/financial-support/financial-support-after-death After a Suicide An online support service run by the Mental Health Foundation for families and whānau affected by suicide. Website: afterasuicide.nz Birt...

6. 2023-09-26-SOE_Mark-St-Clair_Planning.pdf [pdf, 337 KB]

   ...the councils to review the submitted management plans and certify or not; (b) Provide a mechanisms for resubmission, but not partial submission, with a shorter time frame for certification; and (c) Remove reference to deemed certification. [101] At this stage I have not made amendments to reflect these changes throughout the condition set, given the breadth of the changes. [102] A final matter relates to the ‘in general accordance’ condition (RGA1).60 In expert conferencing...

7. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...quality of life and wellbeing, and to participate in and contribute to te ao Māori – the Māori world. 11 See Ellis v R [2022] NZSC 114, [2022] 1 NZLR 239 at [265]; and see also GF v Comptroller of the New Zealand Customs Service [2023] NZEmpC 101 at [16], where the Court observed that the statutory framework for employment relationships does not preclude the incorporation of tikanga/tikanga values and noted the natural alignment of employment law and tikanga principles. ne...

8. 2023-10-10-Rebuttal-Evidence-of-J-McConchie-Hydrology-and-Flooding.pdf [pdf, 987 KB]

   ...Assuming that such a condition is recommended, and I do not believe that it is necessary, it would be more appropriate to reference a positive change in the flood hazard category, as defined for example in the Floodplain Development Manual (2005).4 101. Mr Kinley and Mr McArthur propose a threshold for an ‘acceptable effect’ of the Project on rural zoned land of 100mm outside of the designation. However, they provide no evidence for this threshold or the change in effects abo...

9. Hodgson v Accident Compensation Corporation (Work-Related Personal Injury) [2024] NZACC 40 [pdf, 326 KB]

   ...December 2021 that she did not sustain a physical injury as a result of the 10 days working at AFFCO is reversed. That means that she has cover for this work related personal injury. [100] It is noted that the appellant is legal aided. [101] Costs are reserved. CJ McGuire District Court Judge Solicitors: Armstrong Thompson, Wellington Braun Bond & Lomas Limited, Hamilton Izard Weston, Lawyers, Wellington Background Appellant’s Submissions Re...

10. LCRO 76/2022 & 81/2022 PF v BA (13 May 2024) [pdf, 243 KB]

    ...can now prepare the necessary documents and will be in touch. [100] Following an enquiry from Mr PF in December 2019, Mr BA advised:28 The retirement & appointment has not progressed as we were trying to locate the original Trust Deed. [101] Mr PF considers that this amounts to incompetence and a breach of the Trusts Act 2019. [102] In his letter to the Lawyers Complaints Service on 11 November 2021, Mr BA provides further reasons for the documentation not being completed. H...