Search Results

1. Carey Clan Trust v Still [pdf, 100 KB]

   ...not CGAF. 20. CGAF say that the inspection was a visual inspection (not invasive) as was the invariable practice for final inspections. 21. CGAF drew attention to the time period between the issuing of the building consent in June 1999 and the request by the Council for a final inspection in March 2007. They said that in making the request the Council had an obligation to specify the ambit and extent of the final inspection. They were clearly on notice as they asked that particula...

2. [2025] NZLVT 019 – Flath v Minister for Land Information (9 May 2025) [pdf, 505 KB]

   ...discretion the claimant should bear their own costs or a proportion of them and they should pay the costs of the respondent or a proportion of them. In this regard special reasons and reasonableness are relevant factors. The suggestion that s 90(2) forms a mandatory requirement that there can be no payment to the claimant and must be the payment of all the reasonable costs of the respondent is not supported by any other authority. Gavigan was clear that even where the grounds are...

3. BB & TL v A Ltd [2023] NZDT 667 (24 November 2023) [pdf, 176 KB]

   ...were noticed by the Applicants, whose lawyer notified A Ltd of the list of items that required remedying prior to settlement of the sale. The settlement went ahead before the defects were remedied and following settlement, the Applicants again requested that the defects be remedied. When the A Ltd did not address the request, the Applicants brought their claim to the Tribunal. 3. Following two hearings which were adjourned to allow the remedial work to be carried out, A Ltd remed...

4. Waitangi Tribunal - Te Urewera [pdf, 3.8 MB]

   ...All Woods and Water, W Pond © Copyright Waitangi Tribunal 1999 iii FOREWORD The research report that follows is one of a series of historical surveys commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui programme. In its present form, it has the status of a working paper: årst release. It is published now so that claimants and other interested parties may be aware of its contents and, should they so wish, comment on them and add further information and insights. The pub...

5. [2018] NZEmpC 77 Jones v Downer NZ Ltd [pdf, 482 KB]

   ...in February to “review the situation”. That is, he had reviewed the current roster by asking Mr Wilson to prepare a revision of it. That revision had been circulated for comment and he had spoken to all staff about it, although not in the formal environment of the meeting on 8 April 2016. Mr Gray knew Mr Jones’ opinion about the current roster and his preference for the revised one. [20] Mr Jones began annual leave the next day and was to be away from work until 18 April...

6. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

   ...adopting Sumption LJ, quoting Lazarus Estates Ltd v Beasley [1956] 1 QB 702 at 712 per Denning LJ. 11 At [100]. 12 Gilford Motor Co Ltd v Horne [1933] All ER 109, [1933] Ch 935 at 114,956. I am quite satisfied that this company was formed as a device, a stratagem, in order to mask the effective carrying on of a business of Mr. E. B. Horne. The purpose of it was to try to enable him, under what is a cloak or a sham, to engage in business which, on consideration of the a...

7. LCRO 138/2015 AZ, VY and CX v DW and EV [pdf, 260 KB]

   ...the respondents, alleging breach of directors’ duties and applying to set aside transactions which the liquidators considered were voidable. [9] The respondents asked the liquidators to pursue an action in negligence against the company’s former solicitor. A successful outcome would have provided funds to pay the company’s debts, but the liquidators were unwilling to pursue the claim. [10] The respondents initially personally defended the proceedings against them, but aft...

8. [2006] NZEmpC CC 2A/06 Rawlings v Sanco NZ Ltd [pdf, 32 KB]

   ...to redundancy compensation from that company calculated by reference to his service with both Gabbett and Sanco. [4] Mr Rawlings brought separate personal grievance proceedings in the Employment Relations Authority against both companies. His claim against Sanco alleged that he had been unjustifiably disadvantaged in his employment with Sanco by having been given certain assurances by that employer as to his entitlement to redundancy compensation. [5] Mr Wall tells me that the...

9. AAR and AAS v ZZI Ltd [2010] NZDT 14 (21 July 2010) [pdf, 91 KB]

   ...SECOND APPLICANT AND ZZI RESPONDENT Date of Order: 21 July 2010 Referee: Referee Robertshawe ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the Applicants’ claim be dismissed. Facts [1] On 16 November 2009, AAR entered into an Agreement for Sale and Purchase to buy a property in [a town] for $120,000.00 from ZZI Ltd (as represented by JR in these proceedings). AAR signed the Agreement a...

10. Re Jones (Rejection of Statement of Claim) [2021] NZHRRT 19 [pdf, 116 KB]

    ...AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson REPRESENTATION: Mr MJ Jones in person The intended defendant was not heard DATE OF DECISION: 14 April 2021 DECISION OF TRIBUNAL THAT INTENDED STATEMENT OF CLAIM NOT BE ACCEPTED FOR FILING1 BACKGROUND [1] On Friday 12 March 2021 Mr Jones presented for filing in the office of the Tribunal a statement of claim under the Privacy Act 2020, s 98. [2] At Step 3, p 5 of the document he ticked th...