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1. BL v R Ltd & U Ltd [2024] NZDT 865 (15 August 2024) [pdf, 96 KB]

   ...https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312810#DLM312810 https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312813#DLM312813 https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312816#DLM312816 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 n...

2. Watson v Accident Compensation Corporation (Deemed Cover) [2024] NZACC 002 [pdf, 188 KB]

   ...relied on the Corporation’s referral and Dr Waite’s report and trusted that her covered injuries would be updated to cover for CRPS. The Corporation had a responsibility to follow through and approve cover once it received the reports it had requested. The Corporation’s failure to extend cover for CRPS, or at least advise Ms Watson of the need for her to lodge a claim for such cover, shows a picture of neglect by the Corporation. The Corporation failed to issue a cover deci...

3. [2011] NZEmpC 49 Katz v Mana Coach Services Ltd [pdf, 143 KB]

   ...front of a Mitsubishi motor vehicle being driven by Mr Ian Phillips. Mr Phillips‟ vehicle was stationary in Martin Road waiting to cross over the intersection. [3] Later that same day, Ms Katz completed an insurance motor accident claim form for the defendant in which she admitted responsibility for the accident stating in explanation: “Just didn‟t see vehicle”. [4] The police attended the scene and on 11 June 2009, Ms Katz was issued with an infringement notice alleg...

4. [2015] NZEmpC 209 Ale v Kids At Home Ltd [pdf, 145 KB]

   ...Ms Ale was employed by Kids at Home as a lead visiting teacher until her dismissal in November 2013. [2] Ms Ale contended that her dismissal was unjustified and that she had been subjected to unjustified disadvantage. She sought to pursue her claims in the Employment Relations Authority (the Authority). 1 The Authority determined that aspects of her disadvantage grievance had not been raised within the 90-day timeframe for doing so. Ms Ale challenges the Authority’s determin...

5. Thompson - Estate of Walter William Wihongi (2015) 117 Taitokerau MB 245 (117 TTK 245) [pdf, 215 KB]

   ...land or an occupation order. Vaughan is not prepared to consent to an occupation order though he is prepared to 1 23 Whangarei MB 343 (23 WH 343). 117 Taitokerau MB 248 consider some form of occupation licence once the land is vested in him. Sheree says that she is entitled to an occupation order or some other equitable interest in the land as of right. I therefore address the issues in terms of the application for an oc...

6. Huang v Auckland Council [2012] NZWHT Auckland 26 [pdf, 135 KB]

   ...window flashings with stucco, but neither that document nor the 4251 Stucco Standard, mentioned turn ups on the end of sill flashings. This requirement was expressly set out in a bulletin BRANZ put out in 1998, but this was in relation to all forms of cladding. The need for stop-ends was not really reinforced, according to Mr Nevill, until a new E2AS1 Third Edition came out in draft form in 2004. [49] Mr Nevill accepted that a lack of stop-ends had contributed to water ingr...

7. F Ltd v KI Ltd [2024] NZDT 135 (15 April 2024) [pdf, 152 KB]

   ...that whenever possible words are to be given their natural meanings. However, the setting in which the agreement was reached, provides context which allows a better understanding of the parties’ intentions. 9. In this case the context which informs the interpretation of the special condition is: a. a commercial lease which was already in place when the special condition was inserted; b. the condition was inserted due to previous leaks; and c. the condition was inserted contemp...

8. AODT-Court-Operational-Policy-update-2023-v2.pdf [pdf, 367 KB]

   ...depending on the numbers of appearances. A 'whole day' in AODT Court is calculated on attendance at the Court for at least 8.5 hours. If the Court day is actually shorter than 8.5 hours, that should be reflected in a lesser time recorded and claimed on the 'Record of attendance/ invoice' form. • attendance at any whānau hui, which are required on occasion at the direction of the presiding judge • other attendances or preparation if required between court sit...

9. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...notes of a telephone conversation on the following day between the Clerk-Assistant and Crown counsel, Mrs Roanna Chan, about the matter. [23] On the following day, 18 September, the Clerk-Assistant e-mailed Crown Law “a refined draft” with a request that the earlier draft document be disregarded. I refer to this as the second preliminary draft. It appears that the plaintiff was then unaware of these interactions between the Clerk and Crown Law but it is not surprising that the...

10. Apostolakis v Attorney-General No. 1 (Strike-Out Application) [2017] NZHRRT 52 [pdf, 182 KB]

    ...the Domestic Violence Act or otherwise. [5.1.3] The claim attempts to inappropriately use the Tribunal as a forum to dispute matters which have resulted from Family Court orders under the Domestic Violence Act and in relation to Mrs Apostolakis’ former home. [5.2] The Tribunal has no jurisdiction to consider the claim because: [5.2.1] Mrs Apostolakis has not submitted to the Human Rights Commission a complaint relating to these specific claims of discrimination resulting from the Do...