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1. Allan v Christchurch City Council [pdf, 81 KB]

   ...relates to the deformation of diverter flashings. The Council’s position is that the building was fortunate that there were diverter flashings, as they were not commonly seen at that time. Unfortunately, these diverter flashings were improperly formed and therefore failed to carry out the task that they were designed to do. [30] The first respondent’s first line of defence was that there was no defect in the diverted flashings. This has already been rejected in the fi...

2. 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...

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. Options for resolving remaining Canterbury earthquakes insurance disputes [pdf, 371 KB]

   ...establishing an arbitration tribunal with an inquisitorial focus as an alternative pathway for claimants, EQC and insurers to resolve disputes. It states: 36.1. Principles by which the tribunal will operate include: • Fast track: no delays at request of insurance companies; • Decide claims based on equity and good conscience; • Allow compensation for distress caused by undue delay by insurers; 36.2. Claimants will face no costs to access the tribunal and the adjudicator will a...

6. 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...

7. [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...

8. Amendments-to-Court-Rules-2024-and-Coroners-Regulations_FINAL.pdf [pdf, 392 KB]

   ...Courts (Access to Court Documents) Rules 2017. District Court (Access to Court Documents) Amendment Rules 2024 and Senior Courts (Access to Court Documents) Amendment Rules 2024 25 In 2021, there were concerns that the names and addresses of people requesting access to court documents were being provided to parties to the relevant proceedings, or to their lawyers, without the requestors being aware that this may happen. The Committee subsequently resolved to amend both the District Co...

9. [2014] NZEmpC 213 Hixon v Campbell and Ors substantive [pdf, 264 KB]

   ...employee records of a number of AHV’s employees to him. 1 Hixon (Labour Inspector) v Campbell [2014] NZERA Christchurch 4. 2 28 April 2014. These included copies of job application forms, employment agreements, and tax forms. Mrs Campbell also provided Mr Hixon with a summary of wages and deductions in respect of individual employees. Whilst these records were incomplete, he was able to compile a schedule of tool allow...

10. [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...