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1. IC & SC v DQ [2025] NZDT 96 (24 March 2025) [pdf, 105 KB]

   ...apportioned between the parties for a new fence? Is there an adequate boundary fence? 8. There is currently no fence on the boundary. 9. The Applicants have supplied an email from their property agent who contacted the previous owner. She informed that there may have been some wire in amongst the trees at the boundary line, but it was never obvious as a fence. The tree line was always treated as the boundary from their perspective. 10. I am satisfied that there is no adequat...

2. [2007] NZEmpC AC 33/07 Schneller v Ranworth Healthcare Ltd [pdf, 51 KB]

   ...there were significant contradictions between the evidence given to the hearings by Karen Schneller, and her written statement made to Ranworth after its receipt of Alison Schneller’s personal grievance. The Authority concluded that it was the former (sworn evidence) that was unreliable and that the latter (a statement made for the purposes of later litigation) was accurate. [5] Although I accept, as did the Authority, that Karen Schneller was an unreliable witness, I have not...

3. Mayfair Street Units v Spargo [pdf, 54 KB]

   ...(Norfolk) organised labour, materials and subcontractors to build the apartments. Norfolk contracted with Mike Donnison, builder, on a labour only contract to build units 9,10,11 and 12. 9. Mr Brittain opposed the application pending more factual information. 10. The matter was deferred for further submissions and either the formulation of detailed allegations or an indication of evidence showing that Mr Mack may be liable. Bryan Wakelin 11. Bryan Wakelin applies to be removed...

4. L Foundation v OS [2023] NZDT 555 (2 May 2023) [pdf, 254 KB]

   ...any amount for UB or HJ. b. EV has fairly applied the discount given for the purchase of the second pup by averaging the cost of UB and HJ. 25. Therefore, I find that the $200.00 advance for the car and the (averaged) purchase price for UB form part of OS’s debt. 26. The “2 unpaid pups $4,000.00” relates to the sale of the last two puppies in OS’s possession. EV has guessed the likely sale price of those puppies because OS provided her with no information about the sa...

5. Taniora v Crown - Pukemakoiti 2 and 4 (2018) 390 Aotea MB 268 (390 AOT 268) [pdf, 357 KB]

   ...Wi, Thomas Tuwhangai, Moera Hughes, Mary Crown and Morgan Rata.3 Procedural history [6] Ms Taniora filed the application for enforcement of obligations of the trust on 20 June 2017, on behalf of the Taniora Maru Whānau Trust. The applicant requested the hearing be held in Hamilton as she resides there, which was opposed by the trustees. I issued directions on 29 August 2017 allowing for the case to be heard in Hamilton for the purpose of taking the applicant’s evidence, and f...

6. [2012] NZEmpC 53 New Zealand Educational Institute (Inc) v The Boards of Trustees of Te Mata, Parkvale and Frimley Schools [pdf, 183 KB]

   ...designed to allow teachers to move through a process demonstrating the quality of their practice against a prescribed set of knowledge, skills and attributes, and enabling them to progress to the top step of the salary scale. [9] The AST model formed part of the negotiations for the 2007 collective agreement. The plaintiff’s claims included a claim for increased remuneration; full roll out of the AST model by July 2008 (and of the other career pathways models of mentor and midd...

7. [2010] NZEmpC 128 McKendry v Jansen & Prouting [pdf, 82 KB]

   ...Remedies (1) Where the Authority or the Court determines that an employee has a personal grievance, it may, in settling the grievance, provide for any 1 or more of the following remedies: (a) reinstatement of the employee in the employee's former position or the placement of the employee in a position no less advantageous to the employee: (b) the reimbursement to the employee of a sum equal to the whole or any part of the wages or other money lost by the employee as a result o...

8. LCRO 47/2021 BQ v ZG (16 December 2024) [pdf, 665 KB]

   ...transfer to “our trust account” of the funds Firm A held in trust. Firm A requested from Ms ND “… your firm’s undertaking that you will retain the sale proceeds … undisbursed, until resolving of division of relationship property between [the former husband] and [the respondent]”. [13] The exchange is puzzling. Barristers do not operate trust accounts. Ms ND may not have understood this. [14] Ms ND engaged with Firm A regarding the form of undertaking required. On...

9. CW v Accident Compensation Corporation (Claim for cover for mental injury) [2025] NZACC 057 (7 April 2025) [pdf, 338 KB]

   ...Hearing: 3 March 2025 Submissions: B Hinchcliff for the Appellant F Becroft for the Respondent Judgment 7 April 2025 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE D L HENARE Claim for cover for mental injury s 26(1)(c) Accident Compensation Act 2001 ____________________________________________________________________ Introduction [1] In 1980, CW received an injection into her supraspinous/interspinous ligament a...

10. Ngāti Kahungunu ki Wairarapa Tāmaki nui-ā-Rua Claims Settlement Bill [pdf, 962 KB]

    ...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...