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1. Naera v Fenwick - Whakapoungakau 24 (2017) 169 Waiariki MB 3 (169 WAR 3) [pdf, 292 KB]

   ...project agreements. He says Mr Rabindran provided various documents by email to him on 11 December 2015 and a copy of the Shareholders Agreement was also provided. The third respondents also sought and obtained certain documents from the trust’s former secretary Jim Gray and directly from TGPL (letter dated 24 February 2016). However, no reply was received from TGPL. [22] Dr Kyriak argues that the disclosure orders were originally sought by way of memorandum of counsel dated 27...

2. Castle v Castle - Waitakaruru 1A1B2C and D1 (2001) 103 Hauraki MB 107 (103 H 107) [pdf, 2.3 MB]

   ...William died on the 19th of March 1991 . His interest in the lease has since been transferred to his widow, Lesley. Early in 1991 Dordy returned to the block to visit his older brother, William. Dordy had for many years been settled in Australia and claimed that he had been invited by his brother to return to the block and to build a home on the property. This evidence was disputed by Lesley who claimed that the initial approaches and request for a house site were made by Dordy. I p...

3. Buchanan - Riwaka-Matiu-Mātana Whanau Trust (2018) 50 Te Waipounamu MB 152 (50 TWP 152) [pdf, 253 KB]

   ...(Matthew) who suffered a disability. [2] Arrangements were made in 1999 that the family home at 147 Waikawa Road, Picton would be sold and the proceeds used to build a more suitable house for Agnes and Matthew. This meant that the property no longer formed part of Agnes’s estate. A bequest she had made that this property go to her son Pārua Riwaka (Pārua) was not able to be fulfilled. [3] Agnes died in 2002 and Matthew lived in the new house at Moana View Road until he die...

4. TD v KD [2024] NZDT 174 (11 April 2024) [pdf, 129 KB]

   ...any, between the parties regarding rent and is KD in breach of that agreement? 20. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. For a contract to be formed there needs to be an offer, an acceptance of that offer, an exchange of something of value, called consideration. There also needs to be certainty, in that all things that need to be agreed are agreed. 21. There was nothing put in...

5. Chung and Lok v Yap [2014] NZIACDT 66 (30 May 2014) [pdf, 149 KB]

   ...following grounds of complaint: [8.1] He breached clauses 2.1(b) and 3 of the Code in relation to staff management. [8.2] The adviser breached clause 1.1(a) of the Licensed Immigration Advisers Code of Conduct 2010 (the Code) in that he failed to perform his services with due care, diligence and professionalism. [9] The Registrar identified the material facts supporting the allegations in his statement of complaint. In essence, these were as follows: [9.1] The adviser has his practi...

6. Ween v Betty's Empire Ltd [2020] NZHRRT 48 [pdf, 212 KB]

   ...TRIBUNAL [2020] NZHRRT 48 I TE TARAIPIUNARA MANA TANGATA 2 [2] On the same day, a Betty’s Empire employee sent Ms Ween’s on-line order receipt to her employer. [3] Ms Ween complained to Betty’s Empire’s about its disclosure of her information to her employer. [4] Betty’s Empire concedes a breach of information privacy principle (IPP) 11. It says, however, that Ms Ween has failed to show any form of harm sufficient to indicate that her privacy has been interfered with...

7. Yandall v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 104 [pdf, 212 KB]

   ...power 5/5 both arms Shoulder – pain on active abduction above 30 degrees … IMP: ongoing shoulder pain? A rotator cuff injury? Subac Bursitis? Would benefit from steroid injection. [44] Apart from analgesia and physiotherapy, Dr Fuller re-requested an urgent ultrasound of the shoulder. He also noted: Requests assessment for personal cares support – action – struggles to dress/change clothes – explained I am unsure what support will/can be provided – that is depende...

8. [2013] NZEmpC 27 Hall v Dionex Pty Ltd [pdf, 109 KB]

   ...5. Did the respondent’s obligations to act in good faith require it to provide to the applicant the information regarding the assignment or transfer of rights and obligations to the person referred to in question 2 above when the applicant requested to be provided with that written information prior to dismissal? [4] The respondent opposes the application for special leave, essentially on the basis that the claim does not give rise to any important question of law. Rather, t

9. Te Pairi v Whakatane District Council - Tahora 2AD2 and Omuriwaka (2011) 33 Waiariki MB 48 (33 WAR 48) [pdf, 89 KB]

   ...(14 WAR 136-154) (Heard at Opotiki) Counsel: Mr Koning (Counsel for the Respondent) Judgment: 13 June 2011 PRELIMINARY DETERMINATION OF DEPUTY CHIEF JUDGE CL FOX Introduction [1] This case concerns the maintenance and proposed formation of a road known as “Matahi Valley Road” located approximately 40 kilometres south of Whakatane. For many years the carriageway of Matahi Valley Road had been located outside of an area Gazetted as a road reserve on 14 July 1930...

10. Director of Proceedings v Northlink Health [2013] NZHRRT 35 [pdf, 172 KB]

    ...annexed and marked “A”. [3] The Consent Memorandum is in the following terms: MAY IT PLEASE THE TRIBUNAL 1. The plaintiff and defendant have agreed upon a summary of facts, a signed copy of which is filed with this memorandum. 2. The plaintiff requests that the Tribunal exercise its jurisdiction in respect of the following matters: (a) A declaration pursuant to s 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Heal...