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1. [2014] NZEmpC 201 Dunn v Waitemata DHB [pdf, 128 KB]

   ...prospect that he would be able to return in the near future. While the WDHB had attempted to facilitate a return to work this had not been possible. [21] No further communications were received from Mr Dunn until a statement of problem was filed with the Authority on 18 December 2009, over 12 months later. Almost five years on the matter is now before the Court for first instance determination. Analysis [22] The plaintiff’s claim is that he was unjustifiably dismissed. No...

2. Hemi – Te Pupuke E1G1A (2013) 60 Taitokerau MB 151 (60 TTK 151) [pdf, 141 KB]

   ...homestead. Second, on 8 February 2006 an occupation order was granted in favour of Phillip Hemi, another of Tui Hemi’s sons, in order for him to build a dwelling. Phillip Hemi subsequently died in 2008. [7] On 9 September 2009 the applicants filed the application to cancel the two occupation orders. The grounds set out in the application were as follows: 60 Taitokerau MB 153 Rates imposed on the property has caused considerable financial difficulty given that the oc...

3. Canterbury District Law Society Complaints Committee 2 v Iosefa [2009] NZLCDT 5 [pdf, 65 KB]

   ...using Mrs D’s funds to repay initially the Inland Revenue debt and then to continue to bolster the funds of his firm which was clearly facing financial difficulties. [9] This is not a case of a lazy or greedy practitioner because the references filed on his behalf attest to his strong work ethic and the long hours worked by the practitioner on behalf of his clients and also on behalf of the community. The practitioner was involved in much voluntary and unpaid work and this clearly...

4. Scarborough v Kelly Services NZ Ltd [2015] NZHRRT 53 [pdf, 73 KB]

   ...the parties are able to reach agreement on costs, the following procedure is to apply: [48.1] Kelly Services and Assa Abloy are to file their submissions within 14 days after the date of this decision. The submissions by Ms Scarborough are to be filed within a further 14 days with a right of reply by Kelly Services and Assa Abloy within 7 days after that. [48.2] The Tribunal will then determine the issue of costs on the basis of the written submissions without an oral hearing. [48.3...

5. Holmes v Housing New Zealand Corporation [2015] NZHRRT 36 [pdf, 185 KB]

   ...photocopying documents for the purpose of these proceedings. [42] The following procedure is to apply: [42.1] Mr Holmes is to file particulars of any disbursements claimed within 14 days after the date of this decision. The submissions for HNZC are to be filed within a further 14 days with a right of reply by Mr Holmes within 7 days after that. [42.2] The Tribunal will then determine the issue of costs on the basis of the written submissions without any further oral hearing. [42.3]...

6. Forrest v Kamara Developments Ltd [2010] NZWHT Auckland 28 [pdf, 146 KB]

   ...the building of a home at 29C Kamara Road. That home was acquired by the claimants in late 2001 which they subsequently discovered to be a leaky home. Accordingly, this claim was lodged on 12 January 2006, and the application for adjudication filed with this Tribunal on 23 April 2009, whereby the claimants seek damages for repair costs, consequential costs, interest and stress and inconvenience. [2] The claim went to mediation in January 2010 from which settlement negotia...

7. Cole & Anor v Euro-Asia Investments Ltd & Ors [2013] NZWHT Auckland 8 [pdf, 140 KB]

   ...This included sill and jamb flashings as well as head flashings. g) A very common water entry location was at the bottom of the roof wall apron flashing where an inadequate kick-out flashing was installed. [10] The briefs of evidence filed by Mr Grigg also addressed drainage issues. Both Mr Nevill and Mr Grigg were in agreement about the sub- standard level of the storm-water drainage system (or lack of system) at the rear of the property and concerns regarding the source...

8. Pirika v Eru - Te Ngae Farm Trust [2013] Māori Appellate Court MB 127 (2013 APPEAL 127) [pdf, 151 KB]

   ...hapu of Te Arawa iwi”. The words relied upon by the appellants are “such members being all the descendents of Rangiteaorere”. [5] The practical effect of this narrow issue of interpretation can be illustrated by brief reference to evidence filed in the Māori Land Court on behalf of the appellants. This includes a letter dated 21 May 2012, from the appellants’ solicitors to the Minister for Treaty of Waitangi Negotiations.

9. Grubb and Anor as Trustees of the Bas Trust v Auckland Council [2011] NZWHT Auckland 58 [pdf, 108 KB]

   ...Grubb and Mr Whalen as co-trustees bought a house at 36 Point View Drive, East Tamaki Heights at auction in 2008. Before the auction, Mr Grubb took advice from two builders he knew, one of whom was Mr Whalen, inspected the house and the Council‟s file, and spoke by telephone to his daughter, who is an architect, and to the builder about the house. [2] After the auction but before settlement of the purchase, Mr Grubb arranged for a thermal imaging company, The Imaging Speci...

10. Chalecki v ACC [2012] NZACA 15 [pdf, 56 KB]

    ...been reasonably brought. The Notice of Appeal [2] The review was described as being held under Part 5 of the Accident Compensation Act 2001 and the right of appeal was given to both parties to the District Court. The notice of appeal was filed with the Authority. [3] The grounds for appeal were that the Reviewer: (a) Was wrong to consider the review under the 2001 Act and decide not to follow Langhorne v ACC [2010] NZACA 4; (b) Was wrong to decide that a decision le...