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1. West & Anor as Trustees of the Christine West Family Trust v Perry [pdf, 769 KB]

   ...with the bottom plate fixed to the top of the main entry concrete floor slab. This can be seen on photographs taken by the Perrys in about January 1998 [Perry docs. 219 and 221]. 5.7.3 There is a short flight of concrete steps that have been formed in situ against the west wall of this northwest corner. These steps are above internal floor level, and lead to a short path and another flight of steps against the north wall. This leak is caused by water flowing from this path...

2. Pue v Kingi - Te Rununga o Ngati Maru (Taranaki) Whenua Topu Trust (2012) 291 Aotea MB 257 (291 AOT 257) [pdf, 227 KB]

   ...factionalism continue to dominate the affairs of Ngāti Maru in the present context. [28] In fairness, it should also be emphasised that a significant reason for the length of time this proceeding has been before the Court has been due to requests from the iwi for time to continue to discuss, hui and wānanga relevant issues amongst themselves. The Court should always defer to requests from the parties to have to attempt a resolution of the issues themselves, with or without a...

3. Disputes Tribunal Annual Report for 12 months to 31 December 2024 [pdf, 1.3 MB]

   ...that parties who are not confident or able to participate in English are provided with a court-appointed interpreter. The charts below show the top 10 languages for which an interpreter was provided in 2024, and the trends over 5 years. The requests are recorded for each booking. Any proceeding might have more than one booking if there were two or more hearings. Table showing booking requests for interpreters in the Disputes Tribunal, 2020-2024 18 This line grap...

4. BM v CT [2024] NZDT 620 (10 July 2024) [pdf, 217 KB]

   ...under the guarantee. Both parties have agreed to reduce their claim and counterclaim to $30,000.00 in order to have the claim heard in the Disputes Tribunal. 10. When J Ltd became a client of M Ltd 2015, BM filled out and signed a “Client Information Sheet”. This included some information about J Ltd and its directors and also included two paragraphs above BM’s signature. The paragraphs read: “I/we give authority too M Ltd to act on my/our behalf for all tax types until f...

5. DW v VD [2016] NZDT 914 (11 May 2016) [pdf, 154 KB]

   ...within the Limitation period, is nearly 6 years after he discovered problems. It is possible that if the claim had been brought a few months after purchase when evidence was more easily available and relevant, DW may have been successful. [28] DW requested that items and sums he did not initially include in the claim be taken into account. DW included all these costs in his latest submission discussed at the hearing. DW’s claim can include costs in excess of $15,000, the limit...

6. Ngatai - Tokata B8 Trustees (2015) 50 Tairawhiti MB 175 (50 TRW 175) [pdf, 218 KB]

   ...to respond to the allegation of breach of trustee duties because there were no particulars of any alleged failure. Likewise, they could not respond to the allegation of failure to supply information because they were not aware of what exactly was requested. In terms of the conflict of interest, they did not respond because they were unclear as to who the potential tenant was. Evidence for the Parties Applicants Evidence of David Sinclair [12] David Sinclair gave evidence that he...

7. [2014] NZEmpC 30 Austin v Silver Fern Farms Ltd [pdf, 165 KB]

   ...related compensation payments to Mr Austin. The employer continued to assert that the plaintiff was no longer its responsibility and eventually suspended and/or dismissed him because of his incapacity to carry out even the light duties that he had formerly been able to perform. [4] Mr Austin did not raise a personal grievance with the employer within the period of 90 days beginning with the date of his dismissal. Several months later, however, when documents on his personnel f...

8. [2012] NZEmpC 219 Matsuoka v LSG Sky Chefs NZ [pdf, 150 KB]

   ...the date of transfer, Ms Park wrote to Pacific's Human Resources Manager and Acting General Manager, Ms Gerda Gorgner, making a formal request for all transferring employees’ historical wage and time records. Ms Park attached written requests from all but four of the 40 staff authorising the release of their records. Pacific again failed to provide the wage and time records for the 40 staff. [10] The Service and Food Workers Union together with four of the 40 staff too...

9. BORA Te Tau Ihu Claims Settlement Bill [pdf, 297 KB]

   ...Provision for certain activities, such as fossicking for minerals and gathering of various natural resources, to be undertaken by members of each claimant iwi with the permission of that iwi (see, for example, Part 2, Subparts 8-11); 4.4.3 Provision for forms of participation in particular resource management matters (see, for example, Part 2, Subparts 13-14); and 4.4.4 The vesting of land and other rights (see, for example, Part 3, Subparts 1-4). 5. In addition: 5.1 Part 7 deals w...

10. [2021] NZACC 114 - Stalmann v ACC (3 August 2021) [pdf, 267 KB]

    ...by her in early September 2008. She was treated by her general practitioner and also Palmerston North Hospital. [2] Two primary decisions issued by the respondent are the subject of this appeal: • A decision dated 21 August 2015 declining a claim for cover for treatment injury for peritoneal adhesions. • A decision dated 26 May 2016 declining a claim for cover for treatment injury for peritoneal adhesions resulting in bowel obstruction caused by a delay in diagnosis...