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1. Hamblyn v Auckland City Council [pdf, 53 KB]

   ...outside the master bedroom of the Hamblyns’ unit dropped on one corner. The Hamblyns made an insurance claim but their insurer declined the claim because their policy did not cover faulty design or construction. On 8 April 2008, the Hamblyns filed their application for a WHRS assessor’s report which was completed on 13 June 2008. On 22 May 2009 the Hamblyns filed for adjudication under the Weathertight Homes Resolution Services Act 2006 (“the Act”). [4] The Hambl...

2. [2019] NZEmpC 132 Chief Executive of Manukau Institute of Technology v Zivaljevic [pdf, 300 KB]

   ...genuineness of his redundancy, redeployment discussions and decisions, as well as good faith. He also claims that his final pay including a severance payment, was not calculated correctly. Mr Zivaljevic also has issues about his lack of access to his files and emails on MIT controlled storage and email systems. 1 Zivaljevic v Chief Executive of Manukau Institute of Technology [2019] NZERA 77. 2 At [21]. 3 At [4]. Fi...

3. Suresh v Elizabeth [2019] NZIACDT 45 - Sanctions (3 July 2019) [pdf, 196 KB]

   ...support of this contention. The email from the former staff member is brief and somewhat general. It is more about general practice within the company, rather than setting out the details of Ms Elizabeth’s engagement with the complainant’s file. It is striking that no evidence contemporary with the events is produced showing that Ms Elizabeth had any role in the advice given to the complainant or in the preparation of his EOI. [48] Ms Elizabeth produces no internal emails o...

4. [2020] NZIACDT 51 - NMS v Mercardo (3 December 2020) [pdf, 261 KB]

   ...requiring a full understanding of the instructions. He also continues to value referral to a specialist or to seek external advice to protect the best interests of his clients. He has enhanced communications with clients and the documentation of files through the use of the EzyMigrate CRM system. He has also instituted risk management in the business process to ensure compliance with the Code, including employing a staff member whose role includes ensuring that client communicati...

5. Pickering v Reihana - Motatau 2 Section 21B2E (2021) 231 Taitokerau MB 103 (231 TTK 103) [pdf, 323 KB]

   ...Installing small water tanks to supplement the existing concrete tank; and (d) Repairing broken windows and holes in the walls and floor. [34] Lucky did not know how much money Ngawiki spent on these repairs. No documents (receipts, invoices etc) were filed confirming these works took place. Eugene, and those supporting his position, did not have personal knowledge of Ngawiki undertaking this work but they did not dispute that she did so. [35] I find that Ngawiki did make a...

6. Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe (2019) Chief Judge's MB 1414 (2019 CJ 1414) [pdf, 258 KB]

   ...for the gifting of shares (section 164 of the Act), in order to give effect to the outcome of the whānau hui held on 7 May 2016. It should seek to vest the affected interests in all the siblings equally, or those persons now entitled - The filing fee is to be waived, if the application is filed within 6 months. Procedural History [5] On 24 April 2019, the Registrar’s Preliminary Report and Recommendation was distributed to all affected parties, for whom addresses were known...

7. Director of Proceedings v Summerset Group Holdings Ltd [2022] NZHRRT 1 [pdf, 443 KB]

   ...Group Holdings Ltd [2022] NZHRRT 1. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 1 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 17 December 2021. [2] Prior to the filing of the proceedings the parties resolved all matters in issue and the Tribunal is asked to make a consent declaration. The parties have filed: [2.1] A Consent Memorandum dated 8 October 2021;...

8. LCRO 107/2021 NG v WF and OE (29 September 2021) [pdf, 176 KB]

   ...settlement proposal, copies of other correspondence and a copy of the court proceedings relating to [B]’s caveat. [16] In an email to the Complaints Service dated 1 April 2021, Mr NG provided a copy of his mother’s Will, and copies of documents filed in the caveat proceedings. He indicated that he had no correspondence fitting the description requested by the Committee. Standards Committee processes [17] Mr NG’s complaint was initially assessed as being suitable for the Com...

9. [2022] NZACC 129 – McInnes v ACC (4 July 2022) [pdf, 305 KB]

   ...enhanced external counterpulsation procedure was unlikely to benefit the appellant. [30] On 24 October 2014, Dr Irwin wrote to the Corporation supporting the appellant’s request for funding for treatment for ischemic heart disease. [31] The file was reviewed by Dr Scott, Branch Medical Advisor, on 17 November 2014. He could not support treatment funding. He recommended seeking further opinion from the Corporation’s corporate medical advisor. [32] Dr Griffiths, Senior M...

10. [2022] NZEmpC 89 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 299 KB]

    ...ERNZ 367. 2 At [170] and [171]. 3 Employment Relations Act 2000, s 214. 4 H v Employment Relations Authority [2021] NZCA 507. [7] On 21 October 2021, an application for leave to appeal the Court of Appeal’s strike out judgment was filed in the Supreme Court. That application was subsequently struck out. [8] On 27 October 2021, Mr Halse brought an application for leave to appeal out-of-time this Court’s judgment of 22 September 2020 in the Court of Appeal.5 Tha...