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1. [2022] NZEmpC 236 TPT Forests Ltd v Penfold [pdf, 182 KB]

   ...obligations to TPT, causing TPT loss and damage. TPT seeks declarations, damages, and compliance orders. The proceedings are strongly defended. [2] It is anticipated that approaches the defendants made to Manulife Investment Management (formerly Hancock Natural Resource Group Inc) (Manulife) will be a focus of the proceedings. Manulife is the agent for client entities that had log marketing sales agency agreements with TPT entities. The defendants say that breaches of...

2. Advocacy-in-the-Employment-Court-Some-Observations-2014.pdf [pdf, 278 KB]

   ...to be complied with. Be realistic about timeframes from the outset and take appropriate steps to deal with any unexpected issues in a timely manner. If slippage is unavoidable keep the Court informed via memoranda. A favourable response to a request for an indulgence is more likely to be forthcoming if it is not left to the last minute. Comply with any directions made by the Court. Be aware that the Court does not receive any documents from the Authority. Seeking to pro...

3. TD v KH [2023] NZDT 183 (18 April 2023) [pdf, 108 KB]

   ...advertisement on [website] for the sale of his [ute]. She asked KH about the condition of the ute via a question on [website]. He sent her a video of the underside of the ute which showed and described rust on the underside of the ute. She asked for further information about his use of the ute on the beach. 2. TD purchased the ute for $22,000.00 from KH in [City]. On her drive home to [Town] the clutch burnt out. When the clutch was being repaired the mechanic, from Q Ltd, put the ute...

4. BT v U Ltd [2024] NZDT 201 (8 April 2024) [pdf, 110 KB]

   ...but both parties agree there were no written terms which covered matters such as risk. It was noted on the website that U Ltd held liability insurance of $200,000. CI0301_CIV_DCDT_Order Page 2 of 5 5. A party to a contract is required to perform the services contracted for with proper care and skill. 6. The original arrangement was that U Ltd would collect the car from the seller’s address but when it arrived there, the driveway was too narrow to access. U Ltd arranged with t...

5. [2012] NZEmpC 124 Allen v C3 Ltd [pdf, 256 KB]

   ...lieu, noting this on his timesheet. Unbeknownst to Mr Allen his immediate manager went to see Mr Payne (the Manager of Stevedoring and General Cargo at Mt Maunganui wharves). Mr Payne instructed the payroll officer to twink out the half hour claimed for, and to disallow the day in lieu request. None of this was discussed with Mr Allen or otherwise communicated to him. Mr Payne accepted that, in hindsight, it may have been preferable to have done so. [11] It became apparent t...

6. Maruera v Te Runanga o Ngati Maru Taranaki Trust [2020] Chief Judge's MB 965 (2020 CJ 965) [pdf, 500 KB]

   ...continuing inability of Ngāti Maru to establish a more permanent representative entity for the iwi. [3] At the last hearing of these matters the chairman of the trust, Mr Jan Matuku, on behalf of himself and the majority of the trustees of the trust requested that I appoint counsel to assist them prosecute an application for the establishment of a whenua tōpu trust as a representative entity for the tribe. [4] I now appoint Nathan Milner, solicitor of Wellington, per sections...

7. Ching v Regmi & Ors [2014] NZWHT Auckland 4 [pdf, 94 KB]

   ...He stated that there is a lack of fall to the top surface balcony balustrade which consequently allows moisture to pond and ingress at any cracks or pinhole penetrations in the texture coating and paint finish. He also stated that gaps have formed between the fibre cement sheet to the balustrade and the timber facing which provides paths for moisture ingress. [11] The second major defect concerns the deck cladding which is in contact with the deck tiles. [12] The instal...

8. Flutey - Papatupu 2A No 2 (2017) 363 Aotea MB 258 (363 AOT 258) [pdf, 264 KB]

   ...discussed at the last hearing. If they wish to make submissions on what if any deductions should be made for the costs of planting and maintaining the forest then they should do so within the timeframe specified, noting the earlier adjournment and the request for submissions then. Evidence in support of any alternative position should also be filed within one month. … [32] Should no response to this direction be received from Mr Parker or his clients then I give notice now that...

9. [2018] NZEmpC 159 X v The Chief Executive of the Department of Corrections [pdf, 365 KB]

   ...immediately. [14] The defendant considers that the costs it incurred after making the settlement offer were unnecessarily incurred. In February and March 2018, the defendant incurred an additional $29,980.91 in legal fees. The $15,000 uplift requested is, therefore, slightly more than 50 per cent of those fees. [15] The plaintiff acknowledged a settlement offer was made, but disputed the appropriateness of an uplift, because he maintained he was justified in rejecting the offe...

10. Director of Human Rights Proceedings v Sensible Sentencing Group Trust [2014] NZHRRT 21 [pdf, 78 KB]

    ...information about his convictions for sexual offending the SSGT had no reasonable grounds for believing that any of the exceptions in Principle 11 applied to the disclosure. 3 [5.3] On 5 November 2009 the aggrieved person, by his legal adviser, requested personal information from the SSGT being the court documents held by the SSGT and the identity of the person who provided the documents to the SSGT (Principle 6). A decision on that request was not made within 20 working days aft...