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1. Phillips - Estate of Edith Iritana Phillips [2019] Chief Judge's MB 981 (2019 CJ 981) [pdf, 335 KB]

   ...Oaths and Declarations Act 1957. Phillip Thomas Phillips Declared at Whangarei 16. The applicant has also attached the following documents in support: a) Copy of letter from Kura Barrett, Specialist Applications dated 3 July 2012 b) Copy of request for personal information – Te Roopu Whitiora Community Māori Mental Health c) Copy of Work and Income NZ statement of income d) Copy of Mental Health Assessment of Applicant dated 9 February 2010 e) Copy of release from Compulsor...

2. Canterbury Westland Standards Committee No. 1 v Grave [2016] NZLCDT 8 [pdf, 62 KB]

   ...newspaper advertisement about the estate, he did not mention this fact to her. He said he had no instructions to do so. [15] Instead of recommending to Ms X that she obtain independent legal advice in relation to the matter, the letter simply requested her to sign a statement at the base of a copy letter, to be returned to Mr Grave, which acknowledged the payment received would be “in full satisfaction of any claim which I may or maynot have in the estate either now or at any tim...

3. TB v KP LCRO 174/2016 [pdf, 167 KB]

   ...letter, Mr GB advised that: (a) Mr KP was the original recipient of that letter. (b) Mr MY (then due to leave the firm’s employment in a couple of days or so) was out of the office using up accrued leave. (c) Mr KP contacted Mr MY and made request of him to draft a reply to Ms CT’s letter and he complied “in strict accordance” with instructions from Mr KP. (d) Mr MY saw his work as a preliminary draft only, so anticipated further drafts, but the letter was dispatched aft...

4. [2022] NZEmpC 216 Caisteal An Ime Ltd v Faithfull [pdf, 240 KB]

   ...about catching the virus. [12] Ms Faithfull asked a company director, Lyndal Angus, for time off so that she did not have to work while the ship was in Akaroa. Ms Angus, who was responsible for preparing work rosters, approved Ms Faithfull’s request for leave. Shortly afterwards lockdowns were introduced by the Government as a pandemic response followed by a wage subsidy. [13] The catalyst for the subsequent dispute between Ms Faithfull and the company was an email by...

5. [2021] NZACC 73 - McLennan v ACC (6 May 2021) [pdf, 278 KB]

   ...So any level of mist cannot be automatically compared with the current WES-STEL for vapour. However a given level (in mg/m3) should not differ much with respect to systemic toxicity whether it be present as mist or vapour, unless one physical form was inhaled much more readily than the other, or exhaled less efficiently than the other, thus resulting in a bigger retained dose even at 4 the same air levels. I have not seen any evidence that such a phenomenon occurs to a sign...

6. IA v Accident Compensation Corporation (Lump Sum Compensation for Permanent Impairment) [2024] NZACC 35 [pdf, 286 KB]

   ...involves nerve signalling from the brain and spinal cord to the rest of the body. CRPS is characterised by prolonged or excessive pain and mild or dramatic changes in skin colour, temperature, and/or swelling in the affected area. There are two similar forms, called CRPS I and CRPS II, with the same symptoms and treatments. CRPS II (previously called Causalgia) is the term used for patients with confirmed nerve injuries. Individuals without confirmed nerve injury are classified as hav...

7. LCRO 68/2017 GM v BN (6 July 2017) [pdf, 219 KB]

   ...and due diligence. [4] [Firm A] held the deposit in their trust account as stakeholder on behalf of CNT Trust and ABC Limited. Mr GM gave notice to Mr BN that the agreement was at an end 2 due to the conditions not having been satisfied and requested the return of the deposit. CNT Trust disputed that ABC Limited was entitled to end the agreement and to the return of the deposit. The complaint [5] Mr GM lodged a complaint with the New Zealand Law Society Lawyers Complaints...

8. Haira v Haira - Kapenga A7 (2016) 149 Waiariki MB 259 (149 WAR 259) [pdf, 340 KB]

   ...the dual principles of retention and development of Māori land. It also makes numerous references to General land owned by Māori. 22 [37] The Preamble to the Act also refers to “land”, making no distinction between Māori and other forms of land. This is especially relevant where a conversion from Māori land to General land occurred by operation of law and not with the consent of the owners – contrary to the guarantees of Te Tiriti o Waitangi. The Preamble provides:...

9. 2017 Decisions of public interest

   ...constitutes important issue of law considered - important of law established -  application granted. [2017] NZEmpC 156 Coomer v JA McCallum and Son Ltd (Judgment of Judge K G Smith, 8 December 2017) COSTS – SUCCESSFUL PARTY – unjustified disadvantage claim successful at Authority – constructive dismissal claim dismissed – wages claim unsuccessful – successful party awarded costs but reduced to recognise partial lack of success – plaintiff achieved success only through lodging c...

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10. [2016] NZEmpC 145 S v I Ltd [pdf, 170 KB]

    ...faced (which was inaccurate); and information regarding the escalation of the contact and threats from the informants. iv) Failure to observe the principles of the Privacy Act 1993 by wilfully withholding information from [S] following lawful requests to do so. 5 S v I Ltd (formerly L Ltd) [2016] NZEmpC 30 at [11]. v) Non-observance of [S’s] right to silence, non incrimination, privacy as to defence strategy, and the r...