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1. Hamblyn v Auckland City Council [pdf, 53 KB]

   ...document that the master bedroom ranch slider was installed in a different position than indicated on the plans. • Failing to carry out inspections with sufficient thoroughness to note the 75% increase in size of the balcony. • Failing to request new drawings and engineering calculations for the increased size of the balcony. • Issuing the final Code of Compliance Certificate although the balcony did not comply with the Building Code. [10] The Hamblyns argue that...

2. Lealaiauloto-Saofaileta v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 209 [pdf, 257 KB]

   ...tunnel syndrome, and had developed CRPS in his distal left upper limb. [18] On 13 July 2015, ACC granted additional cover for CRPS, left upper limb, and an additional injury on the appellant’s left middle finger, crush injury and amputation claim from October 2013. On 2 November 2015, the appellant attended at the Merivale Hand Clinic complaining of pain and numbness in his left arm, particularly the forearm and into the hand. He advised that he was not able to use his left hand...

3. [2016] NZEmpC 97 Banks v Hockey Manawatu Inc [pdf, 193 KB]

   ...of sch 2 of the Act, which bestows a broad discretion on the Authority to order one party to pay another such costs and expenses as the Authority thinks reasonable. The applicable principles are contained in two full Court judgments: PBO Ltd (formerly Rush Security Ltd) v Da Cruz, 4 and 3 Mr Drummond’s scale calculation contained two arithmetical errors; after correction, Mr Drummond’s scale assessment produced a figure of $36,...

4. Wharekawa - Succession to Rewi Maniapoto [2024] Chief Judge's MB 35 (2024 CJ 35) [pdf, 309 KB]

   ...1170-1188 (2021 CJ 1170-1188). 2024 Chief Judge's MB 37 [4] The applicant then had counsel, Kylee Katipo of McCaw Lewis, appointed to represent them in these proceedings. On 7 March 2022, I considered a memorandum filed by Ms Katipo requesting that: (a) The matter be adjourned to allow more time for evidence to be prepared; and (b) A technical researcher or historian be appointed to produce a report confined to the history of the land interests succeeded to Te Ra Te Roor...

5. [2015] NZEmpC 146 Hally Labels Ltd v Powell costs [pdf, 87 KB]

   ...unreasonable position in opposing the plaintiff’s interlocutory application for leave to amend pleadings prior to trial. The lengthy hearing of that application degenerated into what was effectively a strike-out application by Mr Powell without any formal application having been filed. Leave was granted to the plaintiff extending the time to file the amended pleadings. 4 [8] Counsel for Hally submits in the alternative that, should it not receive an award of costs, then cost...

6. Benjamin v Southern District Health Board (Strike-Out Application) [2020] NZHRRT 21 [pdf, 177 KB]

   ...summarised a phone call between Mr Ritchie and Mr Medlicott. The email stated that the Privacy Commissioner requires particular instances of disclosure or use of information to be identified before it notifies a complaint to an agency. Mr Ritchie requested that Mr Medlicott point out to him any instances of disclosure or other information that was particularly important or telling. The email then concluded: I will be in touch once I have reviewed the information you have provided more...

7. N Ltd v EB [2023] NZDT 469 (5 September 2023) [pdf, 239 KB]

   ...Ltd serviced EB’s mooring in 2013, 2016, and 2019. 4. In February 2022, N LTD sent EB an email advising him that his mooring certificate was due for renewal in August 2022. The email included a link to make a booking online, and some information about pricing and terms and conditions (discussed in more detail below). 5. In April 2022, EB sent N LTD an email authorising them to service the mooring again. 6. N LTD carried out the job in November 2022. They lifted the moo...

8. KD v NG Ltd [2023] NZDT 362 (18 July 2023) [pdf, 177 KB]

   ...contract and receive a refund of the amount paid. Conclusion 7. For these reasons NG Ltd is to pay KD the sum of $3,417.97 by the date stated in the order. Referee: K Rendall Date: 18 July 2023 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...

9. Henare v Horowhenua District Council - Hokio A, Part Hokio A and Hokio Maori Township (2013) 310 Aotea MB 292 (310 AOT 292) [pdf, 502 KB]

   ...trustees. In a memorandum to the Court of the same date Mr Cameron submitted the draft report for consideration. He also stated: [I]n February 2007, an application for requisition of survey was submitted, but [Ms] Hall, representing the trustees, requested that it not be referred for Your Honour’s consideration until such time as she had sighted the historical report from Mr Alexander and considered further its contents. The requisition is held on file [Ms] Hall does not env...

10. [2013] NZEmpC 210 MAS Zengrange (NZ) Ltd v HDT Ltd [pdf, 138 KB]

    ...application during a telephone conference call with counsel on 13 September 2013. The Authority Member declined orally to make an order under s 160(1) requiring the documents be provided directly by the plaintiff to the defendants, but eventually requested the defendants to lodge a draft form of order. The document at the heart of the challenge is called “Direction of the Authority” and is dated 23 September 2013. The Authority’s “Decision” [9] I will use the word “deci...