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1. Body Corporate 81738 v Wellington City Council [2010] NZWHT Wellington 15 [pdf, 205 KB]

   ...2 HC Auckland, CIV-2004-404-3230, 30 April 2008. 14 access to the manufacturers’ specifications no greater detail would be required to achieve a workmanlike result. This was upheld on appeal3 where Baragwanath J said: [121] I agree with the Judge. No purpose would be served by requiring a designer to incur the cost of providing detail not reasonably necessary for the task. There being no carelessness it is unnecessary to

2. Johanson v Williams - Tokaipuritia Williams [2019] Chief Judge's MB 995 (2019 CJ 995) [pdf, 538 KB]

   ...orders in favour of the 13 children of the deceased made at 102 Taitokerau MB 216-222 (19 March 2015) was 4 [2009] Chief Judge’s MB 209(2009 CJ 209) 5 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2019 Chief Judge’s MB 1005 erroneous in fact or in law because of any mistake or omission on the part of the Court or in the presentation of the facts of the case to the Court. (4) If there was any error in fact o...

3. LCRO 7/2018 AB v CD (26 November 2019) [pdf, 165 KB]

   ...scope of review [15] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]....

4. LCRO 39/2019 Yuri Lukas v BW and CV (29 November 2019) [pdf, 151 KB]

   ...complaint that: Towards the end of 2016, I began to have some misgivings about BW’s ability to secure a visa, given the number that had been lodged by Mr Lucas [sic] and given the scarcity of the information coming from Mr Lucas about those visas and appeals. [9] In April 2017 Mr BW was notified by INZ to leave New Zealand. Dr CV says this came as a shock to both of them as Mr Lukas had not “indicated anything was amiss”.6 [10] Mr BW and Dr CV left New Zealand in May 2017 wi...

5. [2019] NZEmpC 167 Bradley v Ngāti Apa Ki Te Rā Tō Charitable Trust [pdf, 424 KB]

   ...had followed a course of conduct with a deliberate and dominant purpose of coercing the employee to resign; or (c) a breach of duty by the employer leads an employee to resign. [51] The third limb from Woolworths was considered by the Court of Appeal in Auckland Electrical Power Board v Auckland Provincial District Local Authorities Offices IUOW Inc.3 In that case the employee was a meter reader who had been bitten by dogs several times while at work. He resigned and claimed his...

6. LCRO 80/2019 ZB v YC (18 August 2021) [pdf, 204 KB]

   ...jurisdiction to consider the rights or wrongs of contested issues arising out of the liquidation of a company. [96] Secondly, those issues have been comprehensively dealt with by the High Court in its [date] judgment. That judgment, not having been appealed or otherwise recalled or reviewed, must remain the last word on the procedural, factual and legal issues at large in those proceedings. [97] Nevertheless, Mr ZB argues that the facts as he has laid them out, admit for no oth...

7. [2022] NZEmpC 75 Tranzurban Hutt Valley Ltd v New Zealand Tramways and Public Passenger Transport Employees Union Wellington Inc [pdf, 314 KB]

   ...working periods. [41] The full Court made a similar point in Greenslade v Jetstar Airways Ltd,12 although it must be acknowledged that it was dealing with a previous iteration of the rest break and meal break provisions.13 [42] The Court of Appeal, also dealing with a previous iteration of the rest break and meal break provisions, proceeded on the basis that breaks would likely arise when 12 Greenslade v Jetstar Airways Ltd [2014] NZEmpC 23, [2014] ERNZ 157 at [35]. 13 The fin...

8. Compensation Guidelines for Wrongful Conviction and Imprisonment - Including Home Detention and Military Detention [pdf, 288 KB]

   ...2022-12-05 15:59:26 2 7. Military detention is regarded as a "very strict" regime where discipline and motivation are key factors. The detainee remains a member of the Armed Forces. If a sentence of military detention is overturned on appeal, the person’s forfeited pay and leave entitlements are repaid to them in full. 8. Military detention imposed by a Disciplinary Officer at summary trial is fundamentally a short sentence aimed at correcting conduct which undermin...

9. LCRO 208/2020 & LCRO 214/2020 JA v RR and RR v JA (8 October 2021) [pdf, 233 KB]

   ...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:7 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

10. Phillips - Ahipara A4 (2021) 438 Aotea MB 10 (438 AOT 10) [pdf, 333 KB]

    ...for the Phillips whānau. As a matter of law, it is part of the land and ownership of the house presently resides with the 10 Tihi v Nuku – Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38, 79 [2019] Māori Appellate Court MB 531 (2019 APPEAL 531) at [25] summarising Ngā Uri a Maata Ngapo Charitable Trust v McLeod – Harataunga West 2B2A1 (2012) 49 Waikato Maniapoto MB 223 (49 WMN 223) and Skipper v Skipper – Awanui Haparapara 9 (2017) 159 Waiariki MB 3 (159 WAR 3). 11...