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1. Bidois v Trustees of Te Rimu Trust - Tokata A14 and other blocks (2013) 31 Tarawhiti MB 95 (31 TRW 95) [pdf, 150 KB]

   ...issue of further directions regarding any of the other matters that had been raised they would need to amend their application and advise the case manager accordingly. Following the afternoon adjournment the case manager confirmed that Ms Bidois requested the Court issue directions on the other points raised during the hearing. I accept her request as an amendment to her original application. Background [6] This Trust has been before the Court on previous occasions which resulted...

2. LCRO 263/2015 DH v EI (12 May 2017) [pdf, 124 KB]

   ...relation to this issue. [21] The Committee then recorded its concern “that Mr DH may have inappropriately continued to withhold the funds from Mrs EI, despite being put on notice of his obligations by the declaratory judgment”.8 [22] It formed the view that the declaratory judgment clarified the situation regarding Mr DH’s obligations and “from [that] point onwards it ought to have been clear to Mr DH that he had no authority to withhold the funds from Mrs EI”.9 The...

3. Timoti v Te Are - Torere 33 (2017) 171 Waiariki MB 83 (171 WAR 83) [pdf, 265 KB]

   ...arrears. If successful, the applicant also seeks the removal of Wini Te Are as trustee of Torere 33 trust. [2] The trustees of the Hori Karaka Walker whānau trust (the whānau trust) deny the allegation. They argue, in first instance, that no formal lease was entered into with Torere 33 trust and in the alternative, if a lease was entered into, they were not given vacant possession of the block. [3] The issue for determination is whether a lease was entered into between the parti...

4. [2018] NZEmpC 90 Industrial Equipment Distributors Lifting Centre Ltd v Scouller [pdf, 321 KB]

   ...the operator of that system, which had confirmed the accessing of eight customers only. She argued that this fact, and the absence of any other evidence that Messrs Scouller and Scrivener had accessed other information, meant that the requested documents could not be characterised as relevant. She also stated that IED and SLS are competitors which is a further factor telling against disclosure. [38] I do not accept this submission. It is plain from the case law to which...

5. McKenzie v Accident Compensation Corporation [2024] NZACC 146 (30 August 2024) [pdf, 257 KB]

   ...and when she got up the knee gave out on her. The last MRI shows that she has got still a significant medial meniscal tear where a lot of her pain is and why she is still unstable. On the basis of this I therefore will make an application to ACC requesting funding for a knee arthroscopy and debridement of meniscus. She is aware of what is involved. [13] On 9 February 2023, Mr Rietveld lodged a medical certificate on behalf of Ms McKenzie requesting cover for “torn meniscus” and c...

6. [2014] NZEmpC 229 Brown Sycamore v New Zealand Basing Limited of Hong Kong [pdf, 306 KB]

   ...Conditions of Service. [57] In 2013, Mr Sycamore approached Mr Philip Herbert, General Manager Aircrew, in Hong Kong, and asked if he could now change to CoS08. On 24 January 2014 he was informed that he was not permitted to do so. A similar request was made by Mr Brown and that request has also been declined. Both requests were made within the grace period relating to salary which would have applied had such an election been taken in 2009. [58] Both Mr Brown and Mr Sycamo...

7. [2015] NZEmpC 210 Allied Investments Ltd t/a Allied Security Ltd v Marriott [pdf, 214 KB]

   ...and work with [Mr Wills], if he makes mistakes then those should be resolved in a professional manner”, rather than errors being highlighted, a direction which Mr Marriott accepted. [11] On 26 February 2013, Mr Williams forwarded an email requesting that his email address be removed from a group mailing list, as he was still receiving emails relating to the PEL site known as VQC Discrepancy Reports. These included information relating to vehicles attending the PEL site...

8. LCRO 097/2023 RQ and EP v OM (14 February 2024) [pdf, 288 KB]

   ...community to disrupt my involvement with the charity organisation I currently run. 3 [11] The applicants’ lawyer wrote to the respondent expressing his opinion that no family harm could be established on the basis of Mr X’s affidavit and requesting that the application be withdrawn. [12] The Court issued a minute directing Mr X to file further affidavit evidence by a specified date and setting a time limit for any affidavit evidence in response from the applicants. [13] The a...

9. [2014] NZEmpC 60 Walker v Firth Industries [pdf, 185 KB]

   ...Charteris had a letter delivered to Mr Walker’s home requiring him attend a meeting at 2.30 pm the following afternoon. The text of the letter was: Firth Code of Conduct I am writing to you regarding your behaviour this morning that followed my request to you that you undertake batching duties after lunch today. As you know, John Ritchie is on reduced hours due to a back condition, and I have asked you to assist us with batching cover, as set out in your position description....

10. Nedelcu v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 191 [pdf, 339 KB]

    ...had a serious problem, so the next day went to the emergency department at North Shore Hospital where he was advised to go to Shorecare. Dr Hilton Jones examined Mr Nedelcu and made a recommendation for him to see a physiotherapist. An ACC45 request for cover for a lumbar sprain was lodged with the Corporation by Dr Jones, whose consultation notes stated that Mr Nedelcu had lumbar spine pain which was referred into his buttocks. Cover was granted by the Corporation on 11 February...