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1. [2021] NZEmpC 181 Wanaka Pharmacy Ltd v McKay [pdf, 221 KB]

   ...holiday entitlements. As it happened, the final total was significantly closer to the figure defended by Ms McKay. [22] Part of the reason for this was that the companies ran an argument that, because Ms McKay’s administrative role included responsibility for the payroll, and she had allowed the entitlement to burgeon over time, her entitlement should be reduced to one week per year. This argument was rejected as being without a factual or legal basis. Had it been successful,...

2. CB v UH Ltd [2022] NZDT 150 (26 August 2022) [pdf, 183 KB]

   ...CI0301_CIV_DCDT_Order Page 3 of 4 garage because UH LTD has built up the ground level against the garage, and that root intrusion from multiple trees had created the need to relay the drain. I therefore find that UH LTD’s trees and/or earthworks are responsible for the cost, and UH LTD must pay $4,968.00 to CB for the drainage work. What remedy, if any, should be given? 15. The total sum payable by UH LTD to CB is $16,129.45. 16. The trees may cause ongoing problems even if trim...

3. 2022 NZPSPLA 23.pdf [pdf, 152 KB]

   ...shared with her husband who was also employee of the same employer. Other than this there is no evidence that the person’s husband saw or read the report or that there was any breach of privacy or confidentiality. [22] Even if there was, the responsibility for this would be on the person who provided the email address and asked for the report to be sent to it. She had signed a confidentiality agreement and ST was reasonably entitled to assume that she would keep any report sent...

4. E Ltd v M Ltd [2020] NZDT 1658 (11 November 2020) [pdf, 161 KB]

   ...the environment. b. In late 2019 the industry became aware that seedlings supplied in spring 2018 were suffering significantly higher than usual rates of die-back and death. c. The phenomenon was significant enough to trigger an industry response, including investigation into possible causes, and offers of replacement trees. 22. M Ltd provided me with a copy of an article entitled “Young Tree Dieback – A Nursery Industry Perspective”. The article, dated October 2020,...

5. 2022-NZPSPLA-023 [pdf, 152 KB]

   ...shared with her husband who was also employee of the same employer. Other than this there is no evidence that the person’s husband saw or read the report or that there was any breach of privacy or confidentiality. [22] Even if there was, the responsibility for this would be on the person who provided the email address and asked for the report to be sent to it. She had signed a confidentiality agreement and ST was reasonably entitled to assume that she would keep any report sent...

6. [2022] NZEnvC 009 G&T Family Trust v Western Bay of Plenty District Council [pdf, 104 KB]

   ...Annexure A to this order; (2) the appeal is otherwise dismissed. B: Under section 285 of the Resource Management Act 1991, the issue of costs is reserved. Any application for costs is to be filed with the Court within 15 working days, with any response from the Council within a further 10 working days, and any final reply within a further 5 working days. REASONS Introduction [1] This appeal by Dame Noeline Taurua and Edward James Goldsmith, as Trustees of the G&T Family Tr...

7. MD v BL [2019] NZDT 1376 (1 July 2019) [pdf, 193 KB]

   ...notoriously difficult to get workers and subcontractors over December and early January, but the lack of progress in the weeks that followed could not be attributed to this. I am therefore satisfied that the extent of the delay was a breach of the responsibility to provide the service within a reasonable time. If so, was that breach substantial? 11. I find that the extent of the delay resulted in a substantial breach, thus enabling MD to cancel, and obtain compensation for any loss...

8. EL v CF Ltd [2022] NZDT 81 (30 March 2022) [pdf, 112 KB]

   ...redacted] car, as this was. [11] LM said that had had asked CF Ltd’s mechanic in [City 2], as soon as EL told him of the roof issue, to contact EL and examine the car. He and BC considered that any delays on the part of the mechanic were not the responsibility of CF Ltd, as CF Ltd had no control over the movements of the mechanic. The issues [12] I must decide whether EL has proved that he is entitled to the compensation that he claims. He must establish that the car’s ro...

9. BT v PO Ltd [2022] NZDT 80 (12 January 2022) [pdf, 179 KB]

   ...Insurance to try to make a claim to have his damages covered. However, PN Insurance advised BT that his car was not covered because it was parked outside on the rooftop. BT believes PO Ltd is at fault for parking his car on the roof or should take responsibility for the damage to his car as it was in their care during the lockdown. However, PO Ltd believe that they did everything that was reasonable to secure the cars and should not be held liable for damages caused by third parties. BT no...

10. 2022 NZPSPLA 23.pdf [pdf, 152 KB]

    ...shared with her husband who was also employee of the same employer. Other than this there is no evidence that the person’s husband saw or read the report or that there was any breach of privacy or confidentiality. [22] Even if there was, the responsibility for this would be on the person who provided the email address and asked for the report to be sent to it. She had signed a confidentiality agreement and ST was reasonably entitled to assume that she would keep any report sent...