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1. H Ltd v NB [2024] NZDT 843 (20 December 2024) [pdf, 118 KB]

   ...areas. If NB had been advised that these slabs had a more than average amount of fill, that the fill could not be successfully dyed, and that the fill areas were likely to be visible in prominent areas in the finished benchtop, NB could have made an informed decision about whether to proceed or to choose different slabs. c. H Ltd should have explained to NB that with the limited materials available they could not achieve the ‘waterfall’ finish and therefore she should think about w...

2. Waters v Alpine Energy Ltd (Adjournment Application) [2015] NZHRRT 17 [pdf, 59 KB]

   ...Rules, r 9.52 (Issue of subpoenas) in fact provides that orders of subpoena may be obtained “by any party, at any time” after the filing of the statement of claim. While a party requiring the issue of an order of subpoena must file a written request to obtain it, a Registrar “must forthwith issue the order” upon receipt of the request: 9.52 Issue of subpoenas (1) Orders of subpoena in form G 25 to require the attendance of witnesses at the trial to testify or to produce do...

3. McKeogh v Attorney-General [2020] NZHRRT 39 [pdf, 368 KB]

   ...this decision refers only to “spouses” and “spousal deduction”. Legislative developments since the hearing [6] On 26 November 2018 the Social Security Act 2018 came into force. The provisions of that Act are generally the provisions of the former 1964 enactment in rewritten form and are intended to have the same effect as the corresponding provisions in the 1964 Act. See ss 5(10) and 9(3) of the 2018 Act. [7] The former s 70 in the 1964 Act is now re-written as ss 187 to 191...

4. Foster v Accident Compensation Corporation (Cover) [2025] NZACC 145 (4 September 2025) [pdf, 500 KB]

   ...Makaurau Appearances: B Cunningham for the appellant F Becroft for the respondent Judgment: 4 September 2025 RESERVED JUDGMENT OF JUDGE D L HENARE [Cover, ss 20, 26 Accident Compensation Act 2001] [1] The appellant, Kanchan Foster claims cover for complex regional pain syndrome (CRPS) Type I following an accident described in a hospital discharge summary: Fall down about 8 (carpeted) steps while coming down the stairs. Unsure how it happened, husband was in the mee...

5. McCreath v Attorney-General (Costs) [2016] NZHRRT 4 [pdf, 55 KB]

   ...detailed the protracted history of Mr McCreath’s dealings with Legal Aid in the period 6 January 2014 to 23 December 2014. At a teleconference convened on 11 February 2015 Ms Scott confirmed Mr McCreath intended prosecuting the proceedings but requested no timetable directions be made until the grant of legal aid. It was anticipated a decision would be made within the next two weeks. The teleconference was adjourned. [6] By further memorandum dated 4 March 2015 Ms Scott gave notice...

6. [2016] NZEmpC 152 Pretorius v Marra Construction [pdf, 141 KB]

   ...1 Pretorius v Marra Construction (2004) Ltd [2016] NZEmpC 43. 2 Pretorius v Marra Construction (2004) Ltd [2016] NZEmpC 95, (2016) 10 NZELC 79-066. The Court also issued a judgment on 11 December 2015 dealing with a request by Marra Construction (2004) Ltd for an extension of time to file a challenge out of time; it was granted but no order for costs was made: Marra Construction (2004) Ltd v Pretorius [2015] NZEmpC 222. 3 Pretorius v Marra Constructio

7. Taylor v Corrections [2018] NZHRRT 35 [pdf, 308 KB]

   ...Corrections’ approach to responding to Privacy Act requests [64] The response to Mr Taylor’s request in the present case [69] Mr Arbuckle – credibility assessment and findings [71] THE REDACTION COMPLAINT – DISCUSSION [75] PERSONAL INFORMATION [78] Interpretation – text, purpose and context [78] About [83] Other interests to be balanced [86] Open texture [91] Context [92] Judicial interpretation of personal information – senior courts [106] Judicial interpretat...

8. TD v NO [2023] NZDT 355 (29 May 2023) [pdf, 164 KB]

   ...genuine reason for not making arrangements to present his side of the dispute to the Tribunal and that he has the right to apply for a rehearing if that is the case. Referee: J Costigan Date: 29 May 2023 Page 2 of 2 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. [2010] NZEmpC 21 Industrial Services Nelson Ltd v Stewart [pdf, 31 KB]

   ...direction to serve the statement of claim within seven days. After investigating the matter, once new solicitors were instructed, they filed an application for an order extending the time on 23 December 2009. The new counsel did not have any formal address for service for the defendant. On 24 December 2009 the defendant was apparently sent by email a copy of counsel’s covering letter which listed the documents to be served and asked her to confirm her address for service. As n...

10. Pompey - Whaanga 1C2B1 (2001) 97 Waikato MB 1 (97 W 1) [pdf, 1.7 MB]

    ...of these items and in view of the denials by the applicants I am unable to conclude that they removed Ihem. As to the removal of the nine pine trees the applicants acknowledge that they arranged for this to be done. It was done in response to a request from a neighbour because the trees were encroaching on his property and likely to cause damage to his power lines. In arranging this work the applicants did not consult with the Trust. Miss Nepe for the applicants represented that t...