Search Results

1. NP v X Trust & Ors [2023] NZDT 758 (5 December 2023) [pdf, 152 KB]

   ...[electrical company] supplied four 400W metal halide lights that were each hung by a chain only to a hook. QH says that this is because NP did not want them to become fixtures or fittings. 11. Having carefully considering the available evidence and information, and having heard from both parties, I am satisfied that the Lights became lessee’s fixtures when NP had them hung up from the roof of the Barn and had them wired into the electricity. I am satisfied that they did not become les...

2. IL v D Ltd [2024] NZDT 845 (5 December 2024) [pdf, 161 KB]

   ...pursuant to section 32(b)(ii) of the CGA is $3500 considering the merits and justice of the case. 34. Accordingly, I order D Ltd to refund IL a sum of $3500. Referee: S Malaviya Date: 5 December 2024 Page 5 of 5 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...

3. TK v UU and ors [2024] NZDT 286 (16 February 2024) [pdf, 213 KB]

   ...QN, HX and CT to shoot them, without telling them some of the deer had ear tags. I find it is not fair to hold QN, HX and CT responsible for the loss of the deer because they understood they were shooting feral deer. They were not given accurate information about the nature of the culling job to enable them to make a properly informed decision. 1 Sections 21 – 25. CI0301_CIV_DCDT_Order Page 3 of 4 Did TK contribute to the loss of the deer? 14. The respondents hav...

4. Ngamoki-Cameron - The Proprietors of Mangaroa (2015) 119 Waiariki MB 225 (119 WAR 225) [pdf, 323 KB]

   ...marcia@tairawhiticlc.co.nz Dr J Turner, P O Box 2338, Auckland jwt@xtra.co.nz mailto:marcia@tairawhiticlc.co.nz mailto:jwt@xtra.co.nz 119 Waiariki MB 226 Introduction [1] On 26 November 2014 I dismissed an application filed by Carl Ngamoki-Cameron requesting an investigation into the conduct of the election for the Proprietors of Mangaroa & Other Blocks Incorporated. By decision dated 12 March 2014 I determined that the then chairperson, Erueti Koopu, had re...

5. LCRO 125/2019 AB v CD and EF (3 June 2021) [pdf, 238 KB]

   ...submitted through his lawyers, thereby increasing his legal fees. Mr AB submits that it is at least arguable that Ms CD is in breach of r 10.1. Refusal to engage in discussions to release funds [21] Mr AB accuses Ms CD of persistent silence when requested to release the funds held by EFs on account of costs. Summary [22] Mr AB says that overall, Ms CD’s and Mr EF’s conduct is conduct that “falls short of the standard of competence and diligence that a member of the pub...

6. Auckland Standards Committee 1 v Kwon [2024] NZLCDT 44 (11 December 2024) [pdf, 199 KB]

   ...guide him as to the boundaries of confidentiality and privilege, he remained steadfast in his refusal to comply. Mr Kwon was charged with breach of his professional obligations, and this decision determines his liability. Issues 1. Was the request properly made? 2. Were Mr Kwon’s reasons for refusal valid? 3. If not, at what level do we find the conduct to fall in terms of professional responsibility: misconduct; negligence3; or unsatisfactory conduct? 1 Section 147 Lawye...

7. [2021] NZACC 23 - Muirhead v ACC (28 January 2021) [pdf, 214 KB]

   ...“Diagnosis 1” was entered “trapezius left” and under “Diagnosis 2” was entered “trapezius right”. [3] The appellant was referred to a physiotherapist and the claim form listed no restrictions regarding her work. In response to a request from ACC, the appellant completed an ACC272 cover questionnaire form. [4] In this form dated, 3 March 2011, the appellant confirmed the symptoms she had first noticed were: Increasing pain and burning through both trapezius mus...

8. [2017] NZEmpC 121 Marryatt v Silver Ridge Group Ltd (Reasons) [pdf, 241 KB]

   ...concerns, and that she was mentally exhausted to figure out what the director wants so that he “can then spit me out”;  she felt forced into the situation through no fault of her own and the stress had impacted on her health; and  she requested pay for sick leave and holiday pay. [9] She stated that she was resigning effective immediately, and that she did not believe she had any other options. [10] Ms Marryatt raised a personal grievance by letter dated 20 June 2017 o...

9. Andrews v Commissioner of Police (Costs) [2014] NZHRRT 31 [pdf, 51 KB]

   ...burglary and receiving offences with a minimum non-parole period of three years. [2] In the Tribunal’s substantive decision given on 4 March 2013 the Tribunal dismissed a complaint by Mr Andrews that the Police had improperly disclosed personal information about him contrary to information privacy Principle 11. In dismissing the 2 claim the Tribunal at [71] presumed that given Mr Andrews’ current circumstances no application for costs would be made. In case the Tribunal was w...

10. [2020] NZEmpC 160 Van Kleef v Alliance Group Ltd [pdf, 271 KB]

    ...particulars. Thereafter, I treated the application as being one for further and better disclosure under reg 6 of the Employment Court Regulations 2000. Several categories of documents were sought.2 [4] Alliance did not oppose Ms van Kleef’s requests as recorded at paras 5, 6 and 8 of her application. I directed that disclosure of these documents occur. Mr Smith searched for, and located, a small number of relevant documents, and provided them in accordance with a timetable...