Search Results

1. [2007] NZEmpC CC 16/07 Harris v Charter Trucks Ltd [pdf, 109 KB]

   HARRIS V CHARTER TRUCKS LTD CHCH CC 16/07 11 September 2007 IN THE EMPLOYMENT COURT CHRISTCHURCH CC 16/07 CRC 8/06 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN RUSSELL WAYNE RICHARD HARRIS Plaintiff AND CHARTER TRUCKS LIMITED Defendant Hearing: 2 October 2006 (Heard at Christchurch) Appearances: D G Beck, counsel for plaintiff P M James, counsel for defendant Judgment: 11 September 2007 JUDG...

2. [2020] NZREADT 34 - Hammond v Real Estate Agents Authority (11 August 2020) [pdf, 386 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2020] NZREADT 34 READT 002/2020 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN TERESA and BRIAN HAMMOND Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 520) First Respondent AND SONIA TAFILIPEPE Second Respondent Hearing: 23 July 2020, at Christchurch Tribunal: Hon P J Andrews, Chairperson Mr G Denley, Mem...

3. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 [pdf, 149 KB]

   ...between the negligence and the damage is relevant. [50] The courts have generally eschewed a mathematical approach and acknowledged that precision in apportionment is not often possible. Instead the Tribunal should stand back to see where the justice of the case requires an overall contribution to be fixed having regard to the level of responsibility and blameworthiness of each of the liable respondents. [51] The parties primarily responsible for the defective work are...

4. [2021] NZEmpC 45 Senate Investment Trust Through Crown Lease Trustees Ltdv Cooper [pdf, 248 KB]

   ...in Smith v Stokes Valley Pharmacy Ltd. 2 See Blackmore v Honick Properties Ltd [2011] NZEmpC 152, [2011] ERNZ 445 at [98]. He held that, as trial provisions remove longstanding employee protection and access to dispute resolution and justice, a strict approach to compliance with the terms of s 67A should be taken.3 This strict approach extends to the execution of written individual employment agreements: [100] On the other hand, the employer’s form of draft agreement...

5. Māori Land Court Minute Book Referencing [pdf, 470 KB]

   ...have one minute book series for a district or the court as a whole; rather, it made more sense to have multiple minute books based on geographic location or activity. Prior to its integration into the Department for Courts and Ministry of Justice, the Māori Land Court was part of a section within the Department of Māori Affairs (often referred to as the court section). Disestablished in 1989, the former Department had support staff located at many offices around New Zeala...

6. Jessup v Accident Compensation Corporation (Work Related Gradual Process Injury) [2022] NZACC 218 [pdf, 215 KB]

   ...30(3) for those people suffering from the occupational diseases listed in Schedule 2 without them having to bring themselves within the definition in s 30(1) and, consequently, the circumstances referred to in s 30(2) at all. [29] In Hastings,2 Justice Cull stated: [34] … Priddle does not stand for the proposition that once a claim is made under s 30(3)(b)(i) that workplace exposure nay have occurred, there is a presumption of cover … … [39] I also find there is some for...

7. Ruapuha Uekaha Hapu Trust - Hauturu East 8 Block (2008) 134 Waikato MB 3 (134 W 3) [pdf, 10 MB]

   IN THE MAORI LAND COURT OF NEW ZEALAND WAIIUTO-MANIAPOTO DISTRICT Hearing: 134 W AIIU TO MB 3 A20060026843 A20060002649 IN THE MATTER OF Hauturu East 8 Block AND An application for review oftrust UNDER Section 231, Te Ture Whenua Maori Act 1993 AND UNDER RUAPUHA UEKAHA HAPU TRUST Applicant An application for enforcement of obligations of trust and review of trust Section 238, Te Ture Whenua Maori Act 1993 NORMANTANE Applicant 16 October 2007, 127 Waikato MB 259-3...

8. LCRO 51/2021 KS and BG v WJ (30 September 2024) [pdf, 410 KB]

   ...suitability of different foundation designs, which had to take into account the geotechnical nature of the ground conditions and the existing construction of the house. 17 I have also seen a joint expert’s report, where the experts disagreed on all matters of significance in respect of what was required for remediation. [11] The applicants dispute that the foundation design and cost was the core issue. They say that their claim was for the cost of rebuilding the house, not repai...

9. LCRO 91/2019 CL v BK and AM (31 August 2021) [pdf, 328 KB]

   ...with Ms CL (a) having signed the purchase agreement without the building report condition; 7 (b) knowing about “potential issues with flooding or drainage from the road”; (c) assuming “responsibility” for council enquiries about those matters; and (d) concerning insurance of the property, having obtained “appropriate” advice from Mr BK, then making her own insurance arrangements and instructing Mr BK on 24 September 2013 the insurance condition had been satisfied.

10. [2011] NZEmpC 140 Gwilt v Briggs Stratton NZ Ltd [pdf, 188 KB]

    GWILT V BRIGGS & STRATTON NEW ZEALAND LIMITED NZEmpC AK [2011] NZEmpC 140 [27 October 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 140 ARC 7/09 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN GEOFFREY SCHOLEFIELD GWILT Plaintiff AND BRIGGS & STRATTON NEW ZEALAND LIMITED Defendant Hearing: 26-29 July and 10 August 2010 (5 days) (Heard at Auckland) Appearances: Garry Pollak, cou