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1. EG v KI [2023] NZDT 247 (12 June 2023) [pdf, 109 KB]

   ...damaged from the trimming: one manuka and two pohutukawa. 10. Photos were presented that showed the tops had been trimmed in a way that left “stubs”. These were unsightly, and not at growth points in the tree that would encourage proper future form. 11. I therefore consider that the trees were damaged. One was able to be rectified by trimming. The other two were removed altogether. KI made the point that the two trees that were removed were still alive. However, given the...

2. IM v X Ltd [2024] NZDT 402 (17 June 2024) [pdf, 175 KB]

   ...proving that X Ltd fell short of reasonable expectations for security in all the circumstances. He has failed to prove this, so the claim must be dismissed. Referee: E Paton-Simpson Date: 17 June 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...

3. 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...

4. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...1.6014ha but adding up the areas shown on the title plan SO 457739 which accompanied the notices to take gives a total area of 1.4702ha. It may be that the latter area does not include some land on the northern side which may previously have formed part of the property but which now forms part of the Auckland - Hamilton motorway. Ultimately this makes no real difference to the present issue. 3 [6] The area sought to be taken by the Council totals 3,047m2 , in three sections al...

5. [2016] NZEmpC 32 Bhikoo v Stephen Marr Hair Design Newmarket Limited [pdf, 239 KB]

   ...were bound to refer any dispute in respect of the clause to arbitration. Following termination of Mr Bhikoo’s employment, he did not act in breach of the non-competition clause either in his capacity as a director/shareholder of SMHD or as a former employee. [7] There was disputed evidence in the Court hearing that Mr Bhikoo was supplied with an intended written agreement prior to commencement of employment. However, during the course of the hearing of the challenge, SMHD wa...

6. Gardiner v Corringe - Tauwhao Te Ngare Block (2008) 93 Tauranga MB 63 (93 T 63) [pdf, 4.7 MB]

   ...debt." [37] There are however other deftnitions of "demand", see for example in Jowitts Dictionary of English Law and the Encyclopaedic Australian Legal Dictionary which would seem to indicate that a "demand" signiftes a request or assertion of a legal right, addressed to a person to do or refrain from doing something or give something after request has been luade. Adopting those deftnitions the type of proceedings contemplated in this application fall outsi...

7. Waitangi Tribunal Report on the Aotearoa Institute claim concerning Te Wānanga o Aotearoa [pdf, 748 KB]

   ...The wānanga was founded by a group of �isionary members of Ngāti Maniapoto, led by  Rongo Wetere, in an effort to impro�e the skills of their people . From small beginnings in  Te Awamutu in 1983, it was granted formal status as a TEI in 1993 . After lodging a Waitangi  Tribunal claim for  resources  from the Crown  in  1997  2  and reaching a deed of  settleme...

8. Smith v ACC [2014] NZACA 3 [pdf, 82 KB]

   ...extensive experience and the fact that he holds an Honours degree in Law and will be admitted to the bar this year. I accept that this more than adequately justifies Mr Forster’s charge out rate, but unfortunately, in the absence of any objective information at all concerning the attendances and disbursements that make up the costs claimed on review and the inescapable impression that costs may not have been charged as yet for these three reviews and may indeed not be charged at all,...

9. [2023] NZEmpC 20 Henry v South Waikato Achievement Trust [pdf, 385 KB]

   ...[2011] NZEmpC 160, [2011] ERNZ 466 at [26]. 6 Section 103A(5). 7 A Ltd v H, above n 5; and Angus v Ports of Auckland Ltd (No 2), above n 5. [14] The Trust requested that an order be made that there be no publication of the names or information identifying the person in care, her support worker, or the employee alleged to have committed the assault. The person in care is now deceased. None of those persons gave evidence at the hearing. [15] I agree that it would not be...

10. [2022] NZACC 17 - Bellamy v ACC (27 January 2022) [pdf, 187 KB]

    ...proceedings. … 8. Mr Bellamy claims that at the review he sought $4,047.56 (including GST) and costs, for the cost of Mrs Bellamy representing him. The Appellant’s Submissions [8] Mr Bellamy’s starting point is a completed ACC 5937 form namely an authority to act form dated 4 April 2013. In that form, signed by Mr Bellamy, it is recorded that his wife Maraea Bellamy is given authority to act on his behalf. The form also contains a “client representative declar...