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1. [2017] NZEmpC 103 McPherson v Carter Holt Harvey Ltd [pdf, 195 KB]

   ...Holt Harvey Ltd [2016] NZERA Auckland 86. 2 McPherson v Carter Holt Harvey Ltd [2016] NZERA Auckland 237. pages of documents. The submissions reflected the complexities of the issues raised by the pleadings and the way in which the claim was presented. I have attempted to reduce those complexities to their fundamentals. The factual context [2] Mr McPherson has been a shift worker at Kinleith Pulp and Paper Mill (Kinleith Mill) for many years. He was previously a...

2. LCRO 187/2017 MO v FP (13 December 2019) [pdf, 163 KB]

   ...[2] That decision concerns her 8 March 2017 complaint about the services provided by Mr FP of [YWOF] Lawyers (YWOF) in relation to her [City] earthquake claim, and the fees charged for those services. [3] The bulk of the services were in fact performed by qualified employees of Mr FP but Ms MO is adamant that her complaint is against Mr FP alone. [4] Her objective was unclear from the complaint itself, but on review she clarified matters by expressing the desired outcome as being:

3. AB v CD LCRO 332/2013 [pdf, 264 KB]

   ...advice on indemnity saying [Insurer] had relied on that in deciding to decline cover for Mr CD under the policy. [30] On 21 March 2012 Mr CD ended his retainer with Mr AB and instructed his solicitor, Mr [IJ], to make enquiries of Mr AB, and request written responses from him.7 The matters Mr [IJ] raised included Mr AB having advised [Insurer] that it had grounds to decline cover to Mr CD under the policy. Mr [IJ] referred to Mr CD having continued to instruct Mr AB in the negli...

4. Hastie and Dredge TRI-2023-100-001 Procedural Order 5 [pdf, 251 KB]

   ...contract with the fifth respondent provide for the claimants to be responsible for obtaining a code compliance certificate. [37] Furthermore, Mr Jamieson in his affidavit says that after the sixth respondent completed its work, the claimants requested New Zealand Build to compile all relevant information to enable a final inspection and apply for a code compliance certificate. He has also provided an email from Mr Earl which relevantly states:10 Below I will note what we requi...

5. EN & ENE v UM & UMU [2017] NZDT 997 (10 Febrary 2017) [pdf, 79 KB]

   ...able to simply step over it (rather than having caused damage to the fence) and that cows had got into the neighbouring property on several previous occasions. [2] On 15 August 2016, ENE issued a fencing notice to UM and UMU in the prescribed form, proposing repairs to the fence at a cost of $2000.00 plus GST and sharing the cost 50- 50. The notice outlined the timeframe of 21 days for a cross-notice as required by the Fencing Act 1978. [3] However, given the state of the fence an...

6. DO v J Ltd [2024] NZDT 768 (19 November 2024) [pdf, 101 KB]

   ...consider it appropriate to award costs relating to the filing of this claim. 22. The Respondent is to pay the Applicant an amount equal to $3,394.58. Referee: A Chand Date: 19 November 2024 Page 4 of 4 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 re...

7. NC & QC v C Ltd [2024] NZDT 840 (11 December 2024) [pdf, 99 KB]

   ...would be unlikely if the longer screw was used. 11. The holes with damage have ‘stretched’ and cracked and appear to be more than cosmetic. The timber appears to be unstable and weak. 12. Having heard from the parties and considered the information provided, I find, on the balance of probabilities, that the middle panel is not of acceptable quality. 13. Under section of the CGA, a failure of substantial character is one where the product (among other things) is unsafe, is u...

8. [2021] NZACC 68 - Robinson v ACC (27 April 2021) [pdf, 223 KB]

   ...[6] On 28 December 2017, the Corporation asked Mr Robinson if he had a preferred physiotherapy provider for the supervised resistance and strength programme. [7] On 17 January 2018, in the absence of a reply, the Corporation repeated its request. Mr Robinson then requested that the programme be completed through his osteopath, Adrian Turner. On 18 January 2018, the Corporation advised that this was not possible as Mr Turner was not approved by the Corporation to provide the...

9. [2025] NZACC 086 - Edwards v Accident Compensation Corporation (21 May 2025) [pdf, 223 KB]

   ...whether this amounted to a decision by the Corporation to decline entitlements and if so, is it correct. Facts [6] On 5 June 2015 Mrs Edwards suffered an injury to her left ring finger. The accident causing the injury was described in the injury claim form as – Tried to grab hold of a student and left ring finger was wrenched. Appeared to be dislocated and then she pullen [sic] back into place. [7] The Corporation initially granted cover for a left finger sprain and subsequen...

10. Tawera v Tawera – Waitangi A1A2 (2014) 39 Tairawhiti MB 45 (39 TRW 45) [pdf, 188 KB]

    ...back to the Māori Land Court with a direction to arrange reimbursement to Mrs Tarewa for her expenditure on the house or to grant her an order for exclusive occupation of the house for the term of her life or until 2015. Mrs Tarewa subsequently formed a partnership to farm neighbouring land with the applicant before she passed away. Applications [6] On 30 th August 2013, Pekama Tawera applied under s 19 of Te Ture Whenua Māori Act 1993 (“the Act”) for an injunction against...