Search Results

1. LCRO 176/2021 BR v UE and VJ (7 December 2022) [pdf, 223 KB]

   ...[42] This case presents something of a conundrum. Mr Ragg’s correspondence was before the Courts. Neither Osborne J (in the High Court) or the members of the Court of Appeal, commented on the content of Mr Ragg’s emails. Consequently, those judgments do not assist greatly in reaching a view in this instance. However, the fact that neither Court made any comment would suggest that none of the Judges found the correspondence to be objectionable. 11 [43] Balanced against...

2. [2011] NZEmpC 75 Talbot v NZ Airline Pilots Association Industrial Union of Workers Inc [pdf, 127 KB]

   ...TALBOT Plaintiff AND NEW ZEALAND AIR LINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INC Defendant Hearing: 23 June 2011 (Heard at Auckland) Counsel: Plaintiff in person Richard McCabe, counsel for defendant Judgment: 29 June 2011 JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The issue in this challenge from a determination 1 of the Employment Relations Authority is whether the defendant‟s (the Union‟s) Rules preclude reconsideration of a d...

3. [2019] NZEnvC 092 Beadle v Queenstown Lakes District Council [pdf, 1.6 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 92 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act PETER, JILLIAN AND SIMON BEADLE (ENV-2018-CHC-156) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner W R Howie Environment Commissioner G Paine Hearing: at Queenstown on 13 December 2018 Appeara

4. [2014] NZEmpC 18 S v L interlocutory [pdf, 60 KB]

   ...for further and better disclosure BETWEEN S Plaintiff AND L Defendant Hearing: By submissions made on 3 and 11 February 2014 Appearances: Y, advocate for plaintiff Emily McWatt, counsel for defendant Judgment: 13 February 2014 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE G L COLGAN [1] This proceeding is a challenge to the determination 1 of the Employment Relations Authority refusing interim reinstatement in employment pending...

5. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

   ...1 Complaints Assessment Committee 10024 v Downtown Apartments Ltd (In Liq) [2010] NZREADT 6, at [55]. [12] In considering the charge against the defendant, the Tribunal refers to the discussion of disgraceful conduct in the judgment of Woodhouse J in Morton-Jones v Real Estate Agents Authority, in particular, his Honour’s discussion of s 73(a) of the Act.2 His Honour said:3 [29] … If the charge is under s 73(a) the critical enquiry is whether the conduct...

6. Gwak and Kim TRI-2020-100-006 [2024] NZWHT AUCKLAND 01 [pdf, 237 KB]

   ...Respondent (Removed) AND LAI FOOK CHOY Fourth Respondent (Not Served) FINAL DETERMINATION DATED 28 AUGUST 2024 2 Introduction [1] The claimants sue the second respondent, Alistair John Couper, seeking judgment for the outstanding balance of the assessed repair costs of their home following their participation in the Financial Assistance Package scheme (FAP). [2] The claimants seek the sum of $367,975.20, being the balance remaining fr...

7. [2017] NZEmpC 104 Nathan v Broadspectrum (NZ) Ltd [pdf, 218 KB]

   ...BROADSPECTRUM (NEW ZEALAND) LIMITED (FORMERLY TRANSFIELD SERVICES (NEW ZEALAND) LIMITED Defendant Hearing: On the papers 3, 4, 9 and 10 August 2017 Appearances: T Cleary, counsel for plaintiff R Upton, counsel for defendant Judgment: 25 August 2017 JUDGMENT OF JUDGE K G SMITH [1] Broadspectrum (NZ) Ltd has applied for a stay of proceedings or of execution of a decision in the judgment of Nathan v Broadspectrum (New Zealand) Ltd issued...

8. Gough-Pataua 4B (2011) 19 Taitokerau MB 1 (19 TTK 1) [pdf, 160 KB]

   ...CONNOR ISABELLA MEHANA KENNETH CONNOR NGAIRE COOPER Applicants Hearing: 29 August 2006 22 December 2006 26 September 2007 14 December 2010 7 March 2011 (Heard at Whangarei) Court: Judge A D Spencer Judge D J Ambler Judgment: 12 April 2011 RESERVED JUDGMENT OF JUDGES A D SPENCER AND D J AMBLER Introduction [1] This judgment concerns five applications for occupation orders under s 328 of Te Ture Whenua Māori Act 1993 (―the Act‖). Barry Gough...

9. [2025] NZACC 089 - Smith v Accident Compensation Corporation (4 June 2025) [pdf, 179 KB]

   ...COMPENSATION CORPORATION Respondent Hearing: 30 May 2025 Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: The Appellant is self-represented F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 4 June 2025 RESERVED JUDGMENT OF JUDGE P R SPILLER [Interpretation of decision – s 6, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 4 Februar...

10. BD & ND v Southern Response Earthquakes Services Ltd [2022] CEIT-2020-0015 [pdf, 381 KB]

    ...project manager and Maincom New Zealand Ltd was selected as the builder. A building contract was signed on 13 August 2013, and work began soon after. [6] It is fair to say that the repair process was problematic. As has been noted in several judgments of this Tribunal, in the aftermath of the Canterbury Earthquake Sequence the construction industry was stretched to and beyond its capacity. Overstretched and under supervised tradesmen, whose work was not adequately project managed,...