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1. [2011] NZEmpC 13 Carter Holt Harvey Ltd v EBIIWU [pdf, 118 KB]

   ...Authority Member has erred in law. The approach adopted fails to take into account the guidelines set out in Da Cruz. In particular, it has not taken into account this Court’s guidance to the effect that costs [awards] should be modest, which formed the basis for its finding that the Binnie approach was not a proper one. 5.8. It is submitted that the Authority should instead have adopted the approach approved in Da Cruz and applied consistently since then of awarding costs ba...

2. Staite v Greenville - Paeroa East 4B2C2 (2002) 264 Rotorua MB 132 (264 ROT 132) [pdf, 711 KB]

   ...landlord has a right of action where there is damage to the land or a reduction in its value. (See Cousins v Wilson [1994]1 NZLR463 and also Lockwood Buildings (Supra) referred to earlier). Here there is clear damage to the reversion in that a fixture forming part of the land is damaged, and as I deal with later in this judgement, there is clear evidence of loss of value in that the land will not return as much now for rental as it did before. Much more than the tenant1s right of po...

3. Crozier - Succession to Molly Crozier [2023] Chief Judge's MB 531 (2023 CJ 531) [pdf, 304 KB]

   ...estate of the deceased in the above proportions and severally waive any rights or claims they may have whether against the estate or any one or more of them. 3. Each of them the principal beneficiary and the remaining beneficiaries severally request the executors to distribute the residuary estate of the deceased the proportions above mentioned and waive any rights or claims they may have against the estate of the deceased or the executors. 4. The executors will distribute the res...

4. FMI v Accident Compensation Corporation (Claim for Cover for Mental Injury) [2025] NZACC 062 [pdf, 375 KB]

   ...certain criminal acts (1) A person has cover for a personal injury that is a mental injury if— (a) he or she suffers the mental injury inside or outside New Zealand on or after 1 April 2002; and (b) the mental injury is caused by an act performed by another person; and 1 Accident Compensation Act 2001, s 26. (c) the act is of a kind described in subsection (2). (2) Subsection (1)(c) applies to an act that— (a) is performed on, with, or in relation to the person; and...

5. KBN v Wharekura [2019] NZIACDT 80 (9 December 2019) [pdf, 126 KB]

   ...61 Team”. It introduced the complainant and explained his 1 KBN v Wharekura [2019] NZIACDT 66. 3 circumstances, including his dyslexia. An exemption from the IELTS residence requirement was requested. [9] The complainant continued to contact Mr Wharekura through January to March 2019 seeking an update, but the answer was always “No, nothing yet”. Mr Wharekura told the complainant he had received an email from the Minister’...

6. [2025] NZEmpC 192 Cunningham v healthAlliance NZ Limited [pdf, 150 KB]

   ...the circumstances of the proceeding. While Mr Cunningham was prepared to deal with the issue and indicated that he would accept $599 as payment of his costs and disbursements, healthAlliance’s counsel, Mr Upton, did not accept the offer but requested an opportunity to confer with his client and seek instructions on the issue of costs. While the parties were encouraged to confer and try and reach agreement on costs, no agreement was reached. Legal principles [4] The Court has...

7. [2025] NZEmpC 175 Wilson Parking NZ Ltd v Turner & Anor [pdf, 180 KB]

   ...the application. Wilson Parking New Zealand Ltd was prepared to abide the decision of the Court; Mr Turner was opposed to the scope of access sought by Royal Holidays. [2] Royal Holidays has since advised that it has narrowed its request, confirming that it wishes to access the formal pleadings, namely any statements of claim and any statements of defence. It no longer seeks access to the affidavit evidence filed by the parties. The documents are said to be of potent...

8. International Covenant on Civil and Political Rights - summary record 5th report [pdf, 88 KB]

   ...Government’s position on the judicial creation of new remedies as stated in the report was inconsistent with that of the Attorney-General in the Court of Appeal in the case of Attorney-General of New Zealand v. Chapman. 36. Referring to question 5, she requested information on how prisoners’ claims currently covered by the Prisoners’ and Victims’ Claims Act would be treated after key provisions of the Act expired on 1 July 2010. 37. Turning to question 13, she asked whether...

9. Humphries v CAC 10070 & Anor [2013] NZREADT 103 [pdf, 176 KB]

   ...Memorandum of Sale to read $149,500 being the GST inclusive price. Mr Li then refused to sign the Memorandum saying that he had bought another property in the building on the basis of a going concern. Mr Li denied that he had to pay GST. 8. I then requested my colleague, Mr Paul Humphries’ advice. Mr Humphries explained to Mr Li that the Property was sold plus GST if any and therefore he may have to pay GST. Mr Li insisted that he did not have to pay GST. Mr Humphries then left...

10. LCRO 152/2016 BL v HJ (11 August 2017) [pdf, 255 KB]

    ...n 23, at [7.5]. 33 Above n 30, at 440. 34 Above n 25, at [40]. 12 [53] I agree with the Committee’s conclusion that Mr HJ did not raise this matter with Mr and Mrs BL as the rule required him to. In addition to that, Mr HJ did not request their informed consent before he commenced acting for them. Conflict issue - post 1 August 2008 [54] Mr K moved from [Law Firm 1] to [Law Firm 2] in November 2007. From that date the vendor’s retainer with [Law Firm 1] ended. [55...