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1. 29 Unit Owners in The Anchorage [2012] NZWHT Auckland 33 [pdf, 100 KB]

   ...construction that is the relevant consideration in relation to whether a council owes a duty of care to unit owners. As a result it is now indisputable that the Hamlin duty of care is owed to owners of premises intended for use as a home, whatever form the home takes. [8] North Shore City Council v Body Corporate 2076242 (Spencer on Byron) considered the issue of whether a duty of care was owed in the context of a mixed use complex. The majority of the Court of Appeal concluded...

2. EMPC Form 4 - Example statement of defence [pdf, 401 KB]

   r 20(1)(a) Form 4 [EXAMPLE ONLY] Under the Employment Relations Act 2000 In the Employment Court No: EMPC1111/2015 Wellington Registry In the matter of: a challenge to the Employment Relations Authority’s finding that the plaintiff was not unfairly dismissed. Between Jane Smith. of 21 Example Street Central City Wellington Plaintiff...

3. Marshall v IDEA Services Ltd (Extension of Time) [2018] NZHRRT 39 [pdf, 17 KB]

   ...[4] By email dated 3 September 2018 Mr Marshall has objected to the extension, ventilating a number of complaints regarding IDEA Services. None of these complaints have a material bearing on the question whether IDEA Services should be granted the requested extension of time. Decision [5] Having regard to the considerations most recently addressed in Taylor v Southern District Health Board (Extension of Time) [2018] NZHRRT 30 at [9] and [10] there can be no doubt the extension must be...

4. JA & JA Bradley Family Trust v Auckland City Council [2010] NZWHT Auckland 37 [pdf, 63 KB]

   ...possible damage caused by the Sky dish installation. Mr Gill confirms that “I was engaged by Mr Bradley to purely comment on the remediation of the timber framing to a targeted area of the property ...” and “I was not engaged to provide any form of expert witness work with regard to any claim that may be commenced at a later date.” Mr Gill then states that he observed an excessive area of decayed timber where he was informed that a Sky dish had been installed. This let...

5. EP v UK LTD & UKU LTD 2016 NZDT 893 (7 December 2016) [pdf, 137 KB]

   ...[4] EP says that the original gear issue has not been resolved and the car is not driveable as well as being in a considerably worse state cosmetically than when she delivered it to UK Ltd. She questions how it obtained a WOF in December 2014 and requests a refund of the amount paid as well as a declaration of non-liability for the balance of the amount invoiced by UK Ltd, plus compensation for tow costs, registration and insurance and remedy to the cosmetic issues evident on the car...

6. [2007] NZEmpC 6A/07 Otago Taxis Ltd v Strong [pdf, 96 KB]

   ...words like “crap” and when commenting on Ms Ritchie’s managerial qualities she admitted saying Ms Ritchie “wouldn’t be able to actually manage a piss-up in a brewery.” She strenuously denied using the word “fuck” in any of its forms as claimed by Ms Ritchie, but said she called her a “fat bitch”, an appellation that even Ms Ritchie had not referred to. When this was put to Ms Ritchie she readily accepted that it had been said. From these concessions I conclude...

7. Hart - Okaha Section 5 block VIII Gore SD (2012) 12 Te Waipounamu MB 286 (12 TWP 286) [pdf, 232 KB]

   ...May 2010 3 to a telephone call by Mark Walker to Court staff on 1 April 2010 in which “he stated that he was unable to attend the sitting in Blenheim and that he now felt somewhat differently about his opposition to the case”. 4 Court staff requested he put his position in writing but nothing was received. There is no record of this conversation on the file. First Court Hearing and Subsequent Submissions [9] The applicant made a submission, presented in Court on 6 May 2010, in...

8. [2011] NZEmpC 108 Auckland District Health Board v Bierre [pdf, 145 KB]

   ...inconsistent with this or any other Act or with any applicable collective agreement or the particular individual employment agreement, as in equity and good conscience it thinks fit. (2) The Court may accept, admit, and call for such evidence and information as in equity and good conscience it thinks fit, whether strictly legal evidence or not. [7] As has been noted in other cases, the Court has a very broad discretion to admit or to refuse to admit evidence. The interests of...

9. Homes v ACC [2013] NZACA 2 [pdf, 60 KB]

   ...in Adair v ACC [2010] NZACA 5, Mr Homes should file an application for reinstatement of the withdrawn appeal under ACA15/97. I also asked Mr Sara to have Mr Homes’ affidavits re-sworn, as they had been sworn in- house and contained contentious information. [7] On 4 July 2012, Mr Sara filed an application for reinstatement of the appeal under ACA 15/97 on Mr Homes’ behalf; the two re-sworn affidavits and another affidavit in support of Mr Homes’ application for reinstatement were f...

10. LCRO 57/2014 IW v PP [pdf, 279 KB]

    ...your complaint”. [28] Mr PP next wrote to the Complaints Service on 21 March 2013, responding to Mr IW’s letter dated 15 March 2013. He disagreed with Mr IW’s position that Mr S had only given an estimate of fees. Mr PP said that he had requested Mr S to provide a “firm quote” and that after some email exchanges, ultimately that is what Mr S provided when he said that “fees will not in total exceed $100,000 plus GST and disbursements”. [29] Mr PP submitted that the i...