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1. Beach - Poike 11 (2006) 84 Tauranga MB 2 (84 T 2) [pdf, 523 KB]

   ...applications have been filed. The first, by Julie Beach, was filed on 11 January 2005 and seeks an order under section 18 (1 )(a)/93 declaring that she is the owner of the house property situated at 96 Waimapu Pa Road, Tauranga on part of Poike 11 Block formerly occupied by her step-father, Charles Walker. The second application filed on 12 January 2005 by Peter Waaka seeks an injunction against the descendants of Te Arani Pani Walker preventing them from occupying that house. Julie...

2. [2025] NZEmpC 1 Byrne v Coverstaff Recruitment Group Ltd [pdf, 198 KB]

   ...did not have any evidence of loss suffered as a result of his dismissal.6 The Authority also noted that if remedies had been awarded, substantial reductions would have been appropriate for contribution.7 [6] The Authority rejected Mr Byrne’s claims for pay withheld from his notice period and for a penalty as a result of $200 being deducted from his final pay. As with the remedies for unjustified dismissal, those claims were unsuccessful because he did not appear before the Autho...

3. [2017] NZEmpC 118 - Nathan v Broadspectrum (NZ) Ltd [pdf, 380 KB]

   ...[6] Mr Nathan is seeking costs for the proceeding that led to the October judgment of $25,300 including GST. That is the amount of the costs actually incurred by him. In addition, disbursements amounting to $694.05 are sought. A further $1,000 is claimed for preparing the application for costs. 1 Nathan v Broadspectrum (New Zealand) Ltd [2016] NZEmpC 135, (2016) 10 NZELC 79-070. 2 Nathan v Transfield Services (New Zealand) Ltd [2015...

4. Naidu v Royal Australasian College of Surgeons [2018] NZHRRT 23 [pdf, 252 KB]

   ...present case there is no particular conduct by RACS which has any significant bearing on the issue of remedies except the fact that the statutory time limit was breached by only 11 days. The real issue is whether that delay was causative of any of the forms of harm asserted by Dr Naidu. A declaration of interference [33] While the grant of a declaration is discretionary, declaratory relief should not ordinarily be denied. See Geary v New Zealand Psychologists Board [2012] NZHC 384...

5. [2015] NZEmpC 181 Allied Investments Ltd v Guise [pdf, 167 KB]

   ...concerns the events that then unfolded once Ms Guise was informed of that decision. Ms Guise pleads that she was told by Allied that she would be stood down for two weeks without pay and then re-employed as a casual part-time employee. She claims to have been told that there was no other alternative work available over the Christmas period as the Christmas rosters had already been completed and she further claims that Allied would not allow her to access her outstanding ho...

6. [2011] NZEmpC 7 Smith v Life to the Max Horowhenua Trust [pdf, 94 KB]

   ...volume of material from his instructing solicitors and had not examined it thoroughly to see whether the documents he wished to see were there. I suggested to Mr Drummond that he should diligently search the documents he or the defendant has before requesting further copies from the plaintiff. If such a request was necessary, the plaintiff should respond but the cost of doing so would be taken into account when fixing costs. Discussion [13] I can only conclude from the issue ov...

7. KC v KZ [2024] NZDT 421 (30 April 2024) [pdf, 205 KB]

   ...the photos attached to the [online] advert. The tyres were clearly visible to all prior to purchase. 27. For these reasons, this claim is dismissed. Referee: P Byrne Date: 30 April 2024 Page 4 of 4 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 r...

8. LCRO 91/2019 CL v BK and AM (31 August 2021) [pdf, 328 KB]

   ...associate, and partner respectively at [ABC], Lawyers (the firm). [2] The Committee determined that (a) Mr BK failed to act competently for Ms CL on the purchase of a residential property by not advising her of the risks of not obtaining a Land Information Memorandum (LIM), and a building report, and (b) Mr AM failed to competently supervise and manage Mr BK’s work. [3] Ms CL says on 16 September 2013, after viewing for the second time a residential property with a cross lease...

9. Cree v Accident Compensation Corporation (Interest on Compensation) [2023] NZACC 195 [pdf, 288 KB]

   ...Cree’s circumstances include: (a) Wardle v Accident Rehabilitation and Compensation Insurance Corporation:28 In Wardle, the appellant lodged a claim for cover in 1992. This claim was not accepted until 1999. After accepting cover, the Corporation requested Mr Wardle’s pre-accident earnings, which were received on 24 August 1999. The Court held that interest runs from one month after the financial information was received, namely 24 September 1999. (b) Kirk v Accident Comp...

10. Tamplin v Boizard [2021] NZHRRT 42 [pdf, 242 KB]

    ...Tamplin’s brother, Neville Tamplin, to Dr Boizard. Mr Neville Tamplin expressed to Dr Boizard his concern that Mr Tamplin may be taken overseas by Ms Valsalan and that his family would not see Mr Tamplin again if 3 that occurred. Mr Neville Tamplin requested that Dr Boizard check on Mr Tamplin as soon as possible and write a letter stating Mr Tamplin was unfit to fly. Mr Neville Tamplin also advised Dr Boizard that Mr Guest held an enduring power of attorney (EPOA) in respect of...