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1. Monschau v Bamber – Tahorakuri A No1 Section 33A2 (2015) 125 Waiariki MB 260 (125 WAR 260) [pdf, 208 KB]

   ...Curtis.Bidois@eastbrewster.co.nz mailto:michael@michaelsharp.co.nz mailto:Curtis.Bidois@eastbrewster.co.nz 125 Waiariki MB 261 [1] This is a claim by trustees of an ahu whenua trust for monies owed to the co-owners prior to the formation of the Trust. [2] For the purposes of this decision I will presume that the Plaintiff must succeed. The issue that I am now concerned with is whether or not I have jurisdiction to hear the claim. [3] The pivot point of the claim...

2. ACC and ACD v ZYA [2013] NZDT 111 (18 March 2013) [pdf, 46 KB]

   ...contract and the Consumer Guarantees Act 1993 (the CGA). Decision [4] I find that ACC and ACD are entitled to have the remedial work carried out by another tradesman at ZYA’s expense. [5] ACC and ACD have presented evidence in the form of photos of the work completed by ZYA. These show tiles laid in an uneven manner. Based on these photos, I find on balance that the workmanship is unsatisfactory and has not been carried out with reasonable care and skill, to the poi...

3. Regulatory Impact Statement Claim of Right [pdf, 505 KB]

4. [2020] NZEmpC 171 Alkazaz v Enterprise IT Ltd [pdf, 243 KB]

   ...between Mr AlKazaz and the company between May and June 2018) was not before the Authority. It post- dates the Authority’s investigation meeting. The email train reflects Mr AlKazaz’s concerns about the way in which the company was dealing with requests for personal information and concludes with a comment that Mr AlKazaz would be approaching Air New Zealand (one of the defendant’s major clients, who Mr AlKazaz did work with) for documentation. Air New Zealand responded to t...

5. Deputy Registrar - Taupo 24A and Taupo 24B (2011) 25 Taitokerau MB 296 (25 TTK 296) [pdf, 123 KB]

   ...requisition would not normally require the full treatment of a reserved decision, because of the circumstances of Taupo 24A, it is necessary. Titles to Taupo 24A and 24B [2] Taupo 24 was a block of Māori freehold land of in excess of 900 acres that formed the western headland of the Whangaroa Harbour. On 10 March 1917 the Court partitioned Taupo 24 creating Taupo 24A, comprising 1 acre and being a wahi tapu containing an urupa, and Taupo 24B, being the balance of the block that...

6. [2022] NZACC 97 – Gimenez v ACC (19 May 2022) [pdf, 246 KB]

   ...abnormality. [5] On 23 February 2017, the appellant was seen by Mr Gary McCoubrey, Consultant Orthopaedic Surgeon, who reported that the appellant probably had midcarpal instability. The appellant was referred for an MRI arthrogram to seek more information on his wrist ligaments. [6] An MRI was carried out on 13 April and the Radiologist’s report from Dr Mekile showed: a. A tear of the central TFC (triangular fibrocartilage) measuring 4mm from side to side and 4mm from ante...

7. EMPC Form 14 - Application for stay of proceedings [doc, 41 KB]

   Form 14 Under the Employment Relations Act 2000 In the Employment Court No: / (Auckland, Wellington or Christchurch*) Registry (the reference number allocated by registry i.e. EMPC/) Application for stay of proceedings Between [full name] of [address] (note: if more than one applicant, list them separately as 2nd applicant, 3rd appicant etc) Applicant And [full name] of [address] (note: if more than one respondent, list them separately as 2nd respo...

8. Toa - Arahaunui 1A1 (2011) 267 Aotea MB 119 (267 AOT 119) [pdf, 138 KB]

   ...estate, or interest any such land or in the proceeds of the alienation of any such right, title, estate or interest.” [16] Where an owner of multiply owned land, as is Te Horo 2B2B2B, builds a house on the land, the house if affixed to the land, forms part of the title to the land and belongs to all the owners of the land according to their respective shares. That is the legal position. However the Court has, in many such cases, using its equitable jurisdiction under the above p...

9. Deputy Registrar - Estate of Joseph Smith I [2017] Chief Judge's MB 1 (2017 CJ 1) [pdf, 246 KB]

   ...2012 the Court made succession orders to Hemi Takepa Smith pursuant to section 117 of the Act. Details of payments made as a result of the Order 16. On 9 December 2013 notice was sent to Ashton Wheelans, Chartered Accountants, Christchurch requesting that a hold be placed over the client accounts affected by this application and to provide details of what payments (if any) have been made to date. 17. On 20 December 2013 an email was received from Mark Harvey of Ashton Wheelans...

10. Tangi v ACC [2012] NZACA 4 [pdf, 119 KB]

    ...instead, an application was made for a social welfare benefit when the appellant turned 16 in 1998, and again in 2000 and 2002, supported by Dr Hou, the appellant’s then GP. [21] In 2005 when the appellant was around 24 years old, his family requested a copy of his ACC file, and in 2006 at the family’s request, the Corporation began the investigation of the appellant’s possible entitlements that led to this appeal. The first rehabilitation assessment obtained by the Corporati...