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1. Austin & Ors v Houghton & Ors [2014] NZWHT Auckland 6 [pdf, 72 KB]

   ...that allowed water ingress and that, as a result, the house required extensive remedial work. One of these defects was attributable to the original roofing work. The “kick out” to the ends of the apron flashings 4 were inadequately formed which allowed moisture to drain in behind the cladding. [12] After receiving the assessor’s report, the Austins obtained a report from another building expert, Barry Gill. Mr Gill commented that the inadequately formed kick ou...

2. Waitangi Tribunal - Part 1 Rangahaua Whānui District Auckland [pdf, 6.3 MB]

   ...... the mouth of the Waimata Rivet, justsouthofTe Poroporo (eapeTurnagain1,-­ extending to the Manawatu River at its southern reach before entering the gorge. This is an area of about two million acres. 1 It is unlikely that the described region formed a distinct unit in Maori times. The mountains in the east and coast in the. south are clear-cut, but the exact northern line was merely the result of colonial administration boundary drawing. There was also considerable movement through th...

3. [2018] NZEmpC 84 GSTech Ltd v A Labour Inspector of the MBIE [pdf, 285 KB]

   ...OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] The Labour Inspector brought an action in the Employment Relations Authority against GSTech Ltd (GSTL) and Mr Sharma, the plaintiff company’s sole director and shareholder, on behalf of a former employee, Mr Kumar. The action spanned a number of claims, focusing on a claim that Mr Kumar had not been paid for his hours of work at the minimum wage. [2] The Authority dismissed all of the Labour Inspector’s claims.1 It did, h...

4. Shankar v Ahuja [2015] NZIACDT 36 (31 March 2015) [pdf, 188 KB]

   ...complying application. [2.5] The complainant instructed Mr Ahuja to complete the renewal of passports and attended to matters to allow him to lodge the application for a second time. [2.6] Immigration New Zealand gave Mr Ahuja time to provide further information relating to passport renewal, which was in his own control as he had the complainant’s instructions to deal with the passport renewals. [2.7] Mr Ahuja, in the face of strict time limits, failed to comply with Immigration New...

5. [2013] NZEmpC 183 Snowdon v Radio New Zealand Ltd [pdf, 100 KB]

   ...intends to rely as an answer to the case as made by the amended statement of claim, it is unnecessary to file a statement of defence to the amended statement of claim. (b) ... [16] After hearing argument on 30 September 2013, I agreed, at the request of Mr Fletcher, to defer the commencement of the hearing until 1 October 2013. I also directed Mr Quigg to serve amended statements of defence to the amended statements of claim before 5.00 pm on 30 September 2013. My order was c...

6. Hart v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 68 [pdf, 221 KB]

   ...that Mr Hart suffered neck or thoracic sprains during his accident on 31 October 2021. [4] In October 2013, Mr Hart suffered an accident when he was hit by a falling scaffolding pole, causing injuries to his back and neck. [5] An ACC injury claim form was lodged on 21 October 2013 with the accident date given as 11 October 2013. In the claim form, the accident description was: Large scaffolding pole fell onto back, neck, and skull. Still … pain and numbness in hand and shoul...

7. M Ltd v ON [2023] NZDT 389 (21 September 2023) [pdf, 113 KB]

   ...XC in a document dated 9 May 2022. The digger remained in N Ltd’s possession while it sourced parts, and eventually repair work was completed. N Ltd’s total invoice, dated 9 May 2023, was for $6,354.30. XC had contacted ON on 16 March 2023 to inform him that defects had been found in the digger, and had requested a contribution to the cost of repairing them. [4] XC said that he had not expected to pay so much to N Ltd, but the costs had increased as N Ltd had found problems with the...

8. Kemp v Matenga - Ngatarawa and Ohiti Waitio Land Trust (2016) 55 Takitimu MB 142 (55 TKT 142) [pdf, 187 KB]

   ...the trust employs an accountant at significant cost who participates in decisions even though he is not a trustee. [13] In addition, she argued that the grants for 2016 were the sole responsibility of the accountant who changed the application forms outside of a trust meeting and dispersed the forms to the applicants and received them at his home. Because she thought the accountant was unwell she took the applications with her to review them. Sandra Matenga claims that she then dis...

9. NT & BT v HM [2024] NZDT 694 (20 September 2024) [pdf, 195 KB]

   ...stated “[the horse] is a quality horse with loads of talent. He has competed in Showjumping to 1.15m, Level 1 Dressage and local pc events all with success…”. They considered this meant there was a high likelihood he could return to this kind of form. 2. However, NT and BT say that they have tried all means possible for [the horse] to achieve that potential and contend that HM misrepresented [the horse]’s previous level of success to them. They initially claimed a refund of $...

10. T Ltd v S Ltd [2022] NZDT 219 (30 November 2022) [pdf, 174 KB]

    ...to continue to use T Ltd’s services, this risk was ever-present to T Ltd. In these circumstances, T Ltd cannot reasonably claim loss profit over time. Referee: J.F. Tunnicliffe Date: 30 November 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...