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1. Clearwater Trust v Flora Creative Limited [2012] NZWHT Auckland 9 [pdf, 174 KB]

   ...of the actual role he or she performed. In determining whether the elements of the tort have been established, the factual matrix is all important.7 The leading decision on the elements of the tort of negligent misstatement is the Court of Appeal decision Rolls Royce New Zealand Limited v Carter Holt Harvey Limited.8 In that case it was held that in the case of negligent misstatement “the proximity enquiry generally focuses on the interdependent concepts of assumption of re...

2. Wakelin and Anor as Trustees for the Get In & Walk Trust v Taupo Texture Coatings Limited [2011] NZWHT Auckland 43 [pdf, 206 KB]

   ...suffered considerable stress and anxiety as a result of the leaks to the deck and the ongoing problems and tensions associated with trying to seek a solution. [107] Ellis J in Lee Findlay v Auckland City Council6 concluded that the Court of Appeal decision Byron Avenue7 confirms that the guidelines for awarding general damages in leaky building cases are $25,000 per dwelling for owner-occupiers. 6 Lee Findlay v Auc...

3. [2017] NZEmpC 132 Waikato District Health Board v Archibald [pdf, 457 KB]

   ...“embarrassed”; $6,000 in relation to unjustified action in H v A Ltd [2016] NZEmpC 54 at [153] (little evidence produced in support of the s 123(1)(c)(i) claim, at [150]). In Carter Holt Harvey Ltd v Pirie [1997] ERNZ 648 (CA) at 652, the Court of Appeal described the award of $50,000 in Ogilvy & Mather (New Zealand) Ltd v Turner [1994] 1 NZLR 641 (CA) as the “high water mark” for cases of its kind. It was followed ten years later in the Employment Court by an award of $...

4. BORA Law Reform (Epidemic Preparedness) Bill [pdf, 219 KB]

   ...human – has raised the spectre of an influenza of equal ferocity to the Spanish influenza that killed 40-50 million people worldwide during 1918 and 1919. 19. The global threat of avian influenza has prompted the World Health Organisation to appeal to countries to join a global collaboration effort to fight the outbreak. Countries have been encouraged to develop national preparedness plans to stop, contain and treat the effect of an influenza, reduce opportunities for the influen...

5. Hutchison v Solomon [pdf, 137 KB]

   ...having been misled by the vendors of a property which was found to have "unwittingly promoted the property" in a misleading way as to the entrance and part of the driveway having been constructed on an unformed paper road. The Court of Appeal found that there was no adverse consequence because the property was still valued, despite the existence of the paper road, at the purchase price. 9.5 In Gunton certain warranties were made concerning a helicopter sold and the...

6. NU v ZY LCRO 239/2012 (31 March 2016) [pdf, 105 KB]

   ...discretion, it is appropriate for the LCRO to exercise particular caution before substituting his own judgment for that of the Standards Committee, without good reason. [37] In Deliu v Hong it was noted that a review is:2 … much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching his...

7. National Standards Committee v Denham [2017] NZLCDT 10 [pdf, 96 KB]

   ...of bad faith and abuse of process. [72] We have reminded ourselves that the Tribunal cannot rely on these determinations as proof of facts in issue before us, and that we must make our own enquiries. We refer to the judgment of the Court of Appeal in Deliu:9 “First, as Mr Morgan QC points out in his submissions for the Committee, the question whether judgments can be used as evidence in disciplinary hearings depends on the use the judgments are being put to in the particular case....

8. [2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 427 KB]

   ...30 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [48]. 31 Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA), at [35]-[39]. [88] I accept Ms Buckett’s submission that the Court of Appeal in Blue Star Print Group (NZ) Ltd v Mitchell provides a helpful description of the applicable principles when considering Calderbank offers.32 In short, such an offer should not be unreasonably rejected, and a “steely approach” is

9. Evidence Brief: Supervision and Intensive Supervision [pdf, 370 KB]

   ...community-control sanctions to society’s belief that threats of punishment and enhanced surveillance were key to deterring crime. In SUPERVISION & INTENSIVE SUPERVISION: EVIDENCE BRIEF – OCT 2017. PAGE 11 of 15 addition, supervision sentences appealed to both sides of the political spectrum; liberals were drawn to the concept of reducing incarceration and conservatives were drawn to the cost-effectiveness. CURRENT INVESTMENT IN NEW ZEALAND Both supervision and...

10. [2016] NZEmpC 100 Secretary for Education v NZ Educational Institute Te Riu Roa [pdf, 209 KB]

    ...11 Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trades Unions Inc [2010] NZCA 317, [2010] ERNZ 317 at [36] – [37]. 12 Air New Zealand Ltd v New Zealand Airline Pilots Assoc Inc [2016] NZCA 131, [2016] 2 NZLR 829; leave to appeal this decision to the Supreme Court on an issue of jurisdiction has been granted: New Zealand Airline Pilots Assoc Inc v Air New Zealand Ltd [2016] NZSC 84. 13 New Zealand Professional Firefighters Union v New Zealand Fire Service Com...