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1. NC Ltd v TE & HE [2024] NZDT 597 (17 July 2024) [pdf, 175 KB]

   ...prove that additional amounts are owing, and there can be no percentage cost over-run, due to the fixed price nature of the job. The claim must therefore be dismissed. Referee Perfect Date: 17 July 2024 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...

2. Smith – Nikora Whānau Trust (2013) 2013 Chief Judge’s MB 302 (2013 CJ 302) [pdf, 109 KB]

   ...applicant becoming a beneficiary of the trust and not the applicant herself. Knowing that this would reduce their entitlement, the applicant contends that they would be unlikely to consent. Moreover the trustees have already rejected the applicant’s request to gift the applicant the 1/6 of land interests derived from Tawhiritoroa. [14] The applicant also submitted that there was no consideration by the Court to the effects of making such orders and statements, and as such the s...

3. Hutchison v Solomon [pdf, 137 KB]

   ...because it would not have been obvious without removal of the path, fill etc. In the context that he was not converting the basement area from a non-habitable space to a habitable space but was rather just replacing linings to that area, I had formed the view that it was not incumbent on him to check out the waterproof nature of the lining to the exterior of that wall and there was not a duty of care owed to subsequent purchasers for him to do so. 6.26 Other factors that are r...

4. Wati v Corrections [2018] NZHRRT 38 [pdf, 330 KB]

   ...[1] On 12 June 2014, Allan Wati was transferred to Christchurch Men’s Prison where he was held on remand while facing criminal charges. On the same day, Detective Constable Lindsay Tilbury sent an email to the Intelligence Unit at the Prison, requesting that he be provided with copies of letters sent from prison by Mr Wati. One letter was provided to him, but Detective Constable Tilbury was told that a production order would be required before Corrections could provide the Police wit

5. Dotcom v Crown Law Office [2018] NZHRRT 7 [pdf, 944 KB]

   ...Defendant 3 INDEX INTRODUCTION [1] Short summary of facts [1] The evidence [6] The defendants [11] The Crown [13] The burden of proof [14] “No proper basis for that decision” [18] BACKGROUND TO THE INFORMATION PRIVACY REQUESTS [24] THE TERMS OF THE INFORMATION PRIVACY REQUESTS AND THE TERMS OF THE REFUSAL BY THE ATTORNEY-GENERAL TO DISCLOSE THE REQUESTED INFORMATION [38] The July 2015 requests [38] The 5 August 2015 refusal of the requests [40] Transf...

6. Alchin and Scott TRI 2020-100-001 [2022] NZWHT AUCKLAND 01 [pdf, 374 KB]

   ...2000? 27 Body Corporate 207624 v North Shore City Council [2012] NZSC 83, [2013] 2 NZLR 297 at [193] & [194]. 14 Weathertightness defects Leaking windows and door perimeters [55] Mr Gilling undertook numerous site visits which formed the basis of his findings. The visits involved visual investigations and non-invasive moisture meter readings, and invasive testing was undertaken in areas of concern. His findings are well explained in the follow-up full report of...

7. Naera v Fenwick - Whakapoungakau 24 Block (2011) 34 Waiariki MB 151 (34 WAR 151) [pdf, 193 KB]

   ...Respondents appear to be relying solely on the self interested advice of Mr Carswell and Bob Weston along with GEL, and their lawyers. Messrs Rabindran and Weston provided an evaluation report to TGL in March of this year on a tender process that requested proposals from suitable companies, which resulted in a shortlist of two, Ormat and Mighty River Power. [27] Ms Aikman submitted that given the close relationships between Messrs Rabindran, Carswell and Weston and their associated...

8. Dablo v Tan [2013] NZIACDT 28 (20 May 2013) [pdf, 234 KB]

   ...under delegation). [27] Ms Tan did not lodge an application for residence at this time. Appeal to Removal Review Authority without authority [28] Ms Dablo was told an appeal had been lodged with the Removal Review Authority, and shown an appeal form that had been completed and signed as though she had signed it. In fact, Ms Dablo had never signed the form or given instructions for it to be completed. The appeal form was dated 24 November 2009. 4 [29] Ms Dablo regar...

9. Gilvray v Rungarunga - Succession to Tamati Rungarunga [2023] Chief Judge's MB 551 (2023 CJ 551) [pdf, 319 KB]

   ...filed the following documents: a) On 7 June and 21 September 2018 memorandums stating that the applicant “does not have standing to file the application.” Counsel noted that the applicant had not been in contact with the Callaghan sisters and requested that the applicant produce birth certificates for the sisters that name “Tamati Rungarunga (Snr) as their father.” b) Counsel stated that an application should be filed by the Callaghan sisters, or other persons who have st...

10. [2021] NZACC 33 - McSherry v ACC (10 February 2021) [pdf, 241 KB]

    ...compromise on all three levels that have been reported. In the comments the radiologist mentioned multi level shallow disc protrusion in the lower lumbar spine without evidence of neural compromise. [44] On 4 February 2013, Mr Rietveld requested that the appellant be referred for review to the Burwood Pain Clinic. He said that a recent MRI showed multi-levels discogenic changes in the lower back and that higher up he had anterior partial fusions. He said the appellant ha...