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1. Paterson v Whangarei District Council [2012] NZWHT Auckland 18 [pdf, 168 KB]

   ...Council to satisfy itself that the drainage and waterproofing associated with the retaining wall would be code compliant, and there is nothing on the Council file to show that the Council could satisfy itself of compliance. The Council could have requested a producer statement, or certificates, but it appears not to have done so. [72] The inadequate drainage gave rise to damage from internal leaks and to likely future damage. The Tribunal has concluded that the Council breac...

2. Jones v Accident Compensation Corporation (Backdated Weekly Compensation) [2023] NZACC 117 [pdf, 205 KB]

   ...medical information. The Corporation sought further information from Mr Jones but did not receive any. [14] On 20 November 2017, the Corporation wrote to Mr Jones declining his application for weekly compensation. The Corporation noted that, if the requested information was provided, then the Corporation might be able to reassess backdated weekly compensation. [15] On 1 December 2017, Dr Hefford wrote to the Corporation providing medical information regarding Mr Jones’ treatmen...

3. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

   ...with him “on a number of occasions”. 1 KL v [JJ] Holdings Ltd [2015] NZHC [xxxx]. 2 KL v [JJ] Holdings Ltd [2015] NZHC [xxxx] 3 KL v [JJ] Holdings Ltd, above n 1, at [28]. 3 [13] She requested “appropriate orders” against Mr CD and a review of the legal fees he charged her. (1) Instructions to present a counteroffer [14] Ms AB claimed that, having received the vendors’ 6 October 2015 offer to sell the property t...

4. LS v MIS [2021] CEIT-2020-0024 [pdf, 365 KB]

   ...which the High Court found that similar clauses gave rise to prejudice against the plaintiffs. In Cain Paulsen AJ found that there was an abuse of process because the funding agreement gave the funder excessive control over the litigation.3 1 Formerly Risk Worldwide. 2 Cain v Mettrick [2020] NZHC 2125 at [60]. 3 Cain v Mettrick [2020] NZHC 2125 at [63]. [4] Mr El Sawaf for LS filed a response memorandum dated 14 January 2020. Cain v Mettrick is distinguished due to differ...

5. CL v HG [2024] NZDT 118 (7 March 2024) [pdf, 179 KB]

   ...together. 6. For an agreement to be enforceable there needs to be an intention to create a legally binding relationship. Partners, friends and colleagues make social arrangements, but it is unlikely they can be legally enforced unless the parties perform some act that demonstrates an intention that they will be bound by their promises. 7. When friends fail to keep their promises, the other person may suffer a financial consequence but it may be that they cannot be compensated fo...

6. [2011] NZEmpC 21 Maddern v Worldxchange Communications Ltd [pdf, 154 KB]

   ...Verbal Warning 26 September 2008: Second Verbal Warning 13 November 2008: First Written Warning 13 Jan 2009: Second Written Warning 4 February 2009: Third Written Warning [5] The Authority concluded that Mr Maddern had been given informal and formal counselling in ways to improve his performance and that he had received appropriate advice and feedback. It concluded that WorldxChange had acted as a fair and reasonable employer would have done in the same circumstances a...

7. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...the International Covenant on Civil and Political Rights and with art 27, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Limitation on civil proceedings - section 27(3) 9. Clause 21(3) of the Bill excludes damages or any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under the Bill. 10. I have considered the potential application of s 27(3) of the Bill of Rights Act, namely the right to bring civil proceedi...

8. Adams & Anor v Easthope & Ors [2014] NZWHT Auckland 10 [pdf, 67 KB]

   ...since the Tribunal decision dated 2 March 2012. In addition Mr Sayles has not made any submissions or provided any other information to suggest that there should be a change to the quantum orders made back in 2012. Mr and Mrs Adams however request that the interest awarded be updated and calculated through to the date of this decision. Cost of remedial work [8] Following the experts’ conference convened prior to the initial hearing the Council and the claimants agreed that...

9. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [pdf, 159 KB]

   ...itself be provided with reasonable care and skill, even if there is no extra charge for that advice. Section 29 of the CGA provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. [11] Based on the evidence before me, TYY through its agent TY failed t...

10. Form-26_Criminal-Fixed-H-I.pdf [pdf, 188 KB]

    Version 21 – October 2023 page 1 10/23 form 26 Tax Invoice Criminal Legal Aid Fixed Fees Schedules H & I Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. Charges/CRNs To: Legal Aid, DX Box Number City Customer Lead provider Law firm Provider number Firm number Court type Court of Appeal Supreme Court Court location Details of claim Fixed Fee: Date fixed fee(s) completed...