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1. The Trustees of Lake Horowhenua Trust - Horowhenua Block 11 (2012) 285 Aotea MB 135 (285 AOT 135) [pdf, 162 KB]

   ...Section 239, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Horowhenua Block 11 (Lake Horowhenua) BETWEEN THE TRUSTEES OF LAKE HOROWHENUA TRUST Applicants Hearing: 278 Aotea MB 24, dated 16 January 2012 (Heard at Levin) Judgment: 22 June 2012 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] On 23 July 2009 and 25 September 2009 all but one of the current trustees of Lake Horowhenua Trust were appointed to their present roles. 1 At the time of the...

2. [2022] NZEmpC 114 STL Linehaul Ltd v Waters [pdf, 204 KB]

   ...BETWEEN STL LINEHAUL LTD Plaintiff AND LEO WATERS Defendant Hearing: 2 and 3 June 2022 (Heard at Auckland, via AVL) Appearances: Q Haines, advocate for plaintiff L Anderson, advocate for defendant Judgment: 28 June 2022 JUDGMENT OF JUDGE J C HOLDEN [1] Mr Waters was dismissed for redundancy by STL Linehaul Ltd (STL) by letter dated 21 October 2019. The Employment Relations Authority (the Authority) found that dismi...

3. CAC20004 v Whisker [2015] NZREADT 61 [pdf, 249 KB]

   ...but put it that, in terms of REAA v Brankin [2013] NZREADT 32, we should, as we did then, rely on the concise Oxford dictionary (11th ed) definition of “disgraceful” as “shockingly unacceptable”. He submits that more than a mere error in judgement or carelessness is required for charges based on s.73 of the Act to be proved. [68] In terms of the factual context of the offending, Mr Bigio referred to the company’s trading position becoming difficult and that its receipt of the...

4. [2021] NZACC 127 - Jones v ACC (11 August 2021) [pdf, 177 KB]

   ...AN APPLICATION TO RECALL DECISION BETWEEN CRAIG RICHARD JONES Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the Papers Appearances: Applicant in person D Tuiqereqere for the respondent Judgment: 11 August 2021 ___________________________________________________________________________ JUDGMENT OF JUDGE AA SINCLAIR [On Application for Recall of Decision by Accident Compensation Appeal Authority] _________________________...

5. [2024] NZEnvC 072 McCallum Bros Limited v Manuhiri Kaitiaki Charitable Trust [pdf, 7.2 MB]

   ...frivolous or vexatious; (b) discloses no reasonable or relevant case in respect of the proceedings; or (c) it would otherwise be an abuse of process to allow the case to be taken further. [70] This Court to our knowledge has never exercised such a judgement at the conclusion of the case before issuing a decision. That, in and of itself, is not a basis to reject the strike out application, but it does support the high threshold to strike out a party. [71] This strike out applica...

6. National Standards Committee 2 v Tingey [2023] NZLCDT 22 (17 May 2023) [pdf, 302 KB]

   ...they may have behaviour-restraining orders made against them, on a temporary basis. While 1 For which there are remedies in both the Family and Civil jurisdiction of the District Court. 2 Section 7(1)(a)(i) of the LCA. 3 Which involves good judgement and high ethical standards. 4 When personal conduct is involved, under s 7(1)(b)(ii). 4 not tolerating domestic violence in the profession, it is arguable that examination of the surrounding circumstances might better be de...

7. Maurice Edward Aston Trust [2012] NZWHT Auckland 1 [pdf, 90 KB]

   ...The High Court has consistently held that the built by date is the point at which the house was physically constructed and not the date of the final inspection or the date the CCC issued. The determination of that point is always a matter of judgment based on all the available information. 4 Was the dwelling at 180C Sutherland Road built within the ten years before the claim was filed? [12] In reaching a decision on the “built” date it is helpful to set out a...

8. LN & TN v TT Ltd [2024] NZDT 152 (1 March 2024) [pdf, 206 KB]

   ...purpose the consumer makes known, and of such a nature and quality as to be reasonably expected to achieve that result. However, the guarantees do not apply where the circumstances show that the consumer does not rely on the supplier’s skill or judgement (section 8 & 29). 7. After taking some time to carefully consider all the evidence from both parties before me, I find on the balance of probabilities that the shower tray was installed with reasonable care and skill and fit for...

9. KQ v UN [2023] NZDT 127 (10 May 2023) [pdf, 104 KB]

   ...supplied to a consumer is not of ‘acceptable quality,’ that consumer will be entitled to a remedy. In the absence of a consensual outcome (with the supplier) the nature, and extent, of the remedies awarded will be a matter for the discretion, and judgment, of the presiding judicial body. In this case, the applicant is, without question, entitled to compensation. However, the assessment of that should be reasonable, and proportionate. I consider that, as stated above, a relevant factor...

10. Application for waiver (for refund) or fees for an organisation [pdf, 453 KB]

    ...already taken) File a new proceeding File a document in proceedings Name of case Document type Comply with a direction for setting down fees or determination of a hearing date Comply with a direction for hearing fees Obtain a copy of a judgment Search court records Other Court use only / Refer to proceedings file no. Step 2 Give us your details Who are you filling in this form for? I am authorised to complete this form for Organisation name Give us your de...