Search Results

1. Stanley & Anor as trustees of the Lucy Stanley Family Trust v North Shore City Council [2011] NZWHT Auckland 20 [pdf, 194 KB]

   ...flashings inspections with EIFS cladding, or LAM application inspections, as it relied on certificates from the approved applicators. The defects with this house it submits were picked up on the final inspection or alternatively certificates were requested. The Council notes the failed final inspection recorded 19 items that needed to be addressed before a CCC could be issued and these included certificates from the cladding installer and the LAM applicator. [58] The standa...

2. [2019] NZEmpC 57 Cornish Truck & Van Ltd v Gildenhuys [pdf, 235 KB]

   ...documents, together with compiling an index and 5 Xtreme Dining Ltd t/a Think Steel v Dewar [2017] NZEmpC 10 at [32]. providing copies. He also said that Mr Gildenhuys had to respond to a request from Cornish Trucks regarding further documentation. In his original claim, Mr Gildenhuys had sought a further day for preparation of the common bundle but concedes that two days in total, covering both the list of documents on dis...

3. Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Bill [pdf, 1.3 MB]

   ...consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.4 Whether s 27(3) at issue 9. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring ci...

4. [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...

5. 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...

6. 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...

7. Butler v Accident Compensation Corporation (Personal Injury, Causation) [2023] NZACC 165 [pdf, 540 KB]

   ...Evidence ........................................................................................... [62] Initial Assessment .............................................................................................. [63] Accident Compensation Claim .......................................................................... [69] 2008 ................................................................................................................... [74] Corporation Telephone Record ......

8. 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...

9. [2010] NZEmpC 16 Aotearoa Coolstores Ltd V Waara [pdf, 18 KB]

   ...investigation meeting, he did not provide any written statements or submissions or documentary evidence at or before the investigation. These events were recorded in the Authority’s determination that ACL seeks to challenge. [5] I therefore requested a report from the Authority, under s 181(2) of the Employment Relations Act 2000 (“the Act”). That request required the Authority, under s 181(1)(a)-(b), to submit to the Court a written report giving the Authority’s assessmen...

10. WL v SE [2024] NZDT 160 (8 April 2024) [pdf, 207 KB]

    ...Family Violence Act, and includes threats of physical abuse, intimidation or harassment, damage to property, and financial or economic abuse. The definition of psychological abuse is wide and inclusive. It can be a single act or a number of acts that form a pattern of behaviour, even if the acts, viewed in isolation appear minor or trivial. The test for psychological abuse in relation to the granting of a protection order under the Family Violence Act is not an objective one, the Court mus...