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1. Sycamore v McLaughlin - Rangatira E (2025) 335 Waiariki MB 40 (335 WAR 40) [pdf, 268 KB]

   ...explain that the delay in providing audited financial accounts, as required by cl 7(c), was due to factors outside their control. There were significant delays from the auditor during the COVID-19 period. The audit sector had to secure a lot of its resources from overseas, which led to delays in the trustees receiving the reports. The trustees submit that it would be unfair to put the actions of the auditor on the trustees, as these are not actions undertaken by the trustees, and they...

2. MJ v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 007 (14 January 2025) [pdf, 208 KB]

   ...(f) One factor in granting leave is the wider importance of any contented point of law. (g) Even if the qualifying criteria is made out, the court has an extensive discretion to grant, or refuse leave so as to ensure the proper scarce judicial resources and the finality of litigation. MJ’s submissions [51] Two issues were determined by Judge Spiller. In her leave to appeal application MJ directed her submissions to the second issue - cover for PTSD as a new injury. No specific...

3. Herewini - Succession to Ra Herewini [2024] Chief Judge's MB 1103 (2024 CJ 1103) [pdf, 506 KB]

   ...All the main parties, including the original applicant and his mother, are now deceased. The land remains in the ownership of the original applicant’s sister along with her partner. They have invested a significant amount of time, effort and resources into the property. To allow the other siblings or their successors to inherit the land after so many years, may result in a degree of unjust enrichment.14 13 Māori Affairs Amendment Act 1974. 14 Commissioner of Inland Revenu...

4. [2024] NZLVT 063 - Bottinga v Auckland Council (16 December 2024) [pdf, 357 KB]

   ...May 2020 and comprises of a 809m2 site zoned mixed housing suburban. He did not consider the sale to be comparable, the property sold a year before the effective date when development land was in lower demand. The purchaser has since obtained resource consent to construct three dwellings. Market evidence Regarding market commentary, Mr Kanji advised: (a) The average house Capital Value movement across the Auckland region was thirty-two per cent between the 2017 general revalu...

5. Regulatory Impact Statement Review of aspects of the bail system [pdf, 268 KB]

   ...powers for Police to effectively enforce bail conditions imposed on young defendants under 17 years old. A perception that defendants may be granted bail in return for providing information to Police. The disruption to Court schedules and waste of resources arising from defendants failing to answer bail. An outdated approach to specific offences that are bailable as of right. The possibility for inconsistent practices to develop throughout the country as a result of electronical...

6. [2007] NZEmpC CC 18/07 Murphy v Steel & Tube New Zealand Ltd [pdf, 144 KB]

   ...circumstances faced by this particular employer. [56] A fair and reasonable employer is a good employer but not necessarily a perfect employer. What a fair and reasonable employer will do must be assessed in the real world where employers have limited resources and where there are considerations other than the interests of the employee. Having said that, a fair and reasonable employer will only reach conclusions adverse to the employee after conducting a fair and sufficiently th...

7. [2013] NZEmpC 157 Service and Food Workers Union Nga Ringa Tota Inc v Terranova Homes and Care Ltd [pdf, 343 KB]

   SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA INC v TERRANOVA HOMES AND CARE LIMITED NZEmpC AUCKLAND 2013 NZEmpC 157 [22 August 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 157 ARC 63/12 IN THE MATTER OF an application under the Equal Pay Act BETWEEN SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA INC Plaintiff AND TERRANOVA HOMES AND CARE LIMITED Defendant WRC 30/12 IN THE MATTER OF of proceedings removed from th

8. [2014] NZEmpC 117 Hutchison v Nelson City Council re-issued [pdf, 222 KB]

   ...of a team, and a lack of insight as to the effect she was having on others. [15] On 23 August 2011, Ms Hutchison and Mr Louverdis discussed the difficulties which had arisen. Amongst other things, Mr Louverdis raised the possibility of Human Resources (HR) staff becoming involved. Ms Hutchison sent an email to an HR Administrator with whom she had been sharing her concerns as to this possibility. Her colleague said she would raise the issue with Mr Stephen Gully, a long-servin...

9. [2017] NZEmpC 70 Edminstin v Sanford Limited [pdf, 515 KB]

   ...employees in analogous situations. I do not agree with Sanford’s overall analysis that the case’s significance is limited strictly to Mr Edminstin and Sanford. That is, if nothing else, antithetical to the significant energy and financial resources committed to the case by both parties and the potentially broader implications of the judgment I inferred from the evidence of Sanford’s (former) human resources manager. [6] Because what constitutes “marks” is in part...

10. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

    ...$442,057.38 Uplifting, storing and relaying carpet $2,250.00 Remove store and re-hang drapes $1,950.00 Kaizon Limited project management supervision $22,162.50 Kaizon Limited mileage and timber testing $3,892.40 Remedial Design $31,731.42 ACC Resource Consent $1,600.00 Auckland City Building Consent Fees $9,643.66 Disbursements $152.98 Construction Insurance $1,125.77 Initial assessments2 $1,977.13 Engineer re balustrade $1609.99 [49] All the experts agreed that...