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1. Heitia v Downs - Succession to Te Wetini Ngatai [2025] Chief Judge's MB 1 (2025 CJ 1) [pdf, 364 KB]

   ...the application filed by Ms Downs. [9] Kipouaka Pukekura expressed the same concern. Ngā kōrero a ngā kaiurupare Respondents evidence and submissions [10] Mr Gear confirmed his client’s position regarding the Registrar’s report and requested that the mistakes in the report relating to Ms Down’s mother passing away without issue be noted. He could not comment on the issue of notice but noted that it may be a natural justice issue. 2025 Chief Judge's MB 11...

2. [2021] NZEmpC 69 Head v IRD [pdf, 679 KB]

   ...Australian Fair Work Ombudsman (Fair Work Ombudsman “On Hire Employee Services – Workplace Obligations” www.fairwork.gov.au. See also Victorian Inquiry, above n 11, at 5.2. 16 Annette Thornquist “False Self-Employment and Other Precarious Forms of Employment in the Grey Area of the Labour Market” 2015 31 IJCCLIR 411. http://www.fairwork.gov.au/ [48] The same conclusion applies to the history of the issue in New Zealand where labour-hire employment has become incre...

3. [2009] NZEmpC AC 11/09 EBIIWU v Pedersen Industries Ltd [pdf, 32 KB]

   ...of that evidence and decided important parts of the case on it. [5] The relevant facts are these. The defendant operates the Tasman chip mill near Kawerau and has done so since about 2004 when it purchased that aspect of the operation from its former owner, Carter Holt Harvey Ltd. There are a number of employees at the site and for the purpose of this case the nature of their employment can be defined in one of two ways. There are operators who operate machinery and plant used in t...

4. Hall v Opepe Farm Trust (2011) 45 Waiariki MB 142 (45 WAR 142) [pdf, 179 KB]

   ...another Court “will also be raised in the appeal to the Court of Appeal.” [13] By memorandum dated 14 December 2011 Mr McKechnie responds to Ms Opai’s memorandum by submitting that his client opposes the conditions for payment of costs as requested by the Second Respondents. Counsel also points out that the issues raised in paragraph [12] (e) – (f) above were not raised in this Court nor the Appellate Court and consequently are not matters that can properly be raised in the...

5. Tiopira - Bella Tiopira [2018] Chief Judge's MB 96 (2018 CJ 96) [pdf, 359 KB]

   ...presentation of the facts of the case to the Court or the Registrar. The Chief Judge may also make such other orders as, in the opinion of the Chief Judge, are necessary in the interests of justice to remedy the mistake or omission. [7] The Applicant has requested that the Chief Judge amend the order that is the subject of this application on the basis that an error was made in the presentation of the facts of the case to the Court. In terms of Tau v Nga Whānau O Morven & Glena...

6. Barfoot & Thompson v Real Estate Agents Authority & Ors [2016] NZREADT 74 [pdf, 190 KB]

   ...variation. However, the variation was not signed by the vendors as a result of legal advice they received. [20] Between 18 June and 25 June 2014, the Licensee and Mr Gray attempted to resolve issues between the Complainants and the vendor including a request from the Complainants to negotiate a reduced price. [21] On 3 July 2014, the builder who undertook the building report for the first potential purchasers outlined the structural damage to the walls of the property to the Compl...

7. 2021 NZPSPLA 032.pdf [pdf, 108 KB]

   ...recognised her from there. [13] The recorded conversation also establishes that Mrs D did not try and diffuse the situation nor did she ask Mr M to go back to the house to see confirmation of the payment or for a cup of tea or a beer. No such request was made. To the contrary she repeatedly told Mr M to go away and come back on Monday and she also told him to “take a chill pill and think about it”. [14] Mrs D also claimed that when she returned to where the transport vehicle...

8. Jones v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 97 (4 June 2024) [pdf, 169 KB]

   ...compensation in respect of that new injury. [4] In 2015, Mr Jones asked the Corporation to reconsider the rate of the weekly compensation he had received from April 1992. In an internal email, dated 20 April 2015, the Corporation’s technical claims manager advised Mr Jones’ case manager that the Corporation did not need to issue a new decision in response to Mr Jones’ request. Mr Jones applied for a review of the 20 April 2015 email. [5] On 17 August 2015, the Reviewer d...

9. [2007] NZEmpC AC 10/07 X v Auckland DHB [pdf, 338 KB]

   ...of the employees who worked for him had made the complaint to ADHB about the electronic images on his computer system. The plaintiff had telephone and e-mail communications with Mary Denton, the ADHB manager who supervised about half his staff, requesting her to tell staff not to spread rumours and asserting strongly his innocence, saying that he had never accessed internet sites and had only opened “unsolicited” e-mails from known contacts. The plaintiff told Ms Denton: If...

10. Rodgers v CAC306 & Anor [2016] NZREADT 7 [pdf, 157 KB]

    ...purchaser) contacted the licensee about the property. He attended the Leader's office to discuss terms and conditions in respect of a purchase of the property on 13 March 2014, and his mortgage broker later contacted Leader's requesting information about the property. [5] The licensee met with Mr Ahmadi and his associates at the property on 17 March 2014. On the same day, the licensee phoned Mr Davari to discuss an agency or listing agreement. The licensee had previously be...