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1. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

   ...further concern was not that the Xypex was not a generally suitable product, but that it may not seal the larger cracks over 2 mm. [22] The negligence of the Council was said to be that it accepted the Xypex coating without an appropriate Producer Statement for weathertightness warranties as specified. The acceptance was at the time of issuing the Code Compliance Certificate, an event which occurred after the agreement for sale and purchase had become binding. The allegation was...

2. [2021] NZACC 21 - Pentecost v ACC (28 January 2021) [pdf, 231 KB]

   ...letter of 24.9.2018 describes a combination of Telogen Defluvium and Alopecia Areata. The hair loss had not been documented in his case notes at all until this point so I can only assume these comments were made on the basis of Mr Pentecost’s statements rather than being observed by his GP at any point. While both Telogen Defluvium and Alopecia Areata may partially be due to physical and mental stress I do not believe it can be proven to be a direct result of the Kenacort inje...

3. LCRO 88/2018 MC v OT (24 December 2018) [pdf, 225 KB]

   ...take no further action in respect of his complaint concerning the conduct of the respondent, Mr OT. Background [2] Mr MC was carrying out a subdivision. He was represented by Mr BL. [3] To complete the subdivision, Mr MC had to obtain the consent of parties whose interests were affected by the subdivision. Those parties had to be independently represented. [4] Mr OT represented one of those parties. 2 [5] Mr MC agreed to pay Mr OT’s reasonable costs in providing advice...

4. Saffioti & Anor v Ward & Ors [2013] NZWHT Auckland 24 [pdf, 131 KB]

   ...JSAL be removed from the adjudication proceedings. This was because the Tribunal considered that there was no tenable basis to refute JSAL’s evidence that its involvement was limited to partially preparing the drawings submitted for building consent, the defects which JSAL was allegedly liable for were due to installation errors, the absence of a causative link between allegedly deficient design and defects causing leaks, and the application of relevant case law as to the extent o...

5. Edwards v Tatere – Mangatainoka No 1BC No 2C1 (2018) 186 Waiariki MB 44 (186 WAR 44) [pdf, 351 KB]

   ...2002 all parties (except for the Emery whānau) negotiated to vary the trust orders. Following a settlement being reached the former trustees applied to the Court to vary the trust orders. The Court initially granted the variation subject to consents being filed. Such consents were filed on 12 August 2008. The trustees submit that they should not be held liable for costs incurred during this period. [40] Following that, counsel stated, the Emery whānau then applied for a rehearin...

6. Practice Note: Family Court specialist report writers [pdf, 908 KB]

   ...psychological report on a child who is the subject of care and protection proceedings, and in respect of any parent, guardian or caregiver to which the proceedings relate. An order for a report on a parent, guardian or caregiver must be with their consent. 5.3 Any psychologist accepting an appointment under s 178 of the CYPF Act is bound by provisions of the Act. Particular reference is made to the requirements of s 179(4) of the Family Court Practice Note CYPF Act: ( 4) Every chi...

7. Waitangi Tribunal Guide to Practice 2023 [pdf, 900 KB]

   GUIDE TO THE PRACTICE AND PROCEDURE OF THE WAITANGI TRIBUNAL August 2023 A Comprehensive Practice Note Issued under Clause 5(9) and (10) of Schedule 2 to the Treaty of Waitangi Act 1975 This Guide replaces the following practice notes : . ‘Mediation’, 18 September 1990 . ‘Translations’, 29 June 1991 . ‘Claim Terminology’, 1 July 1991 . ‘Claim Priorities’, 18 July 1991 . ‘Negotiations and Settlements’, 22 August 1991 . ‘State Enterprise and Education L

8. 7.-David-Hughes-Stormwater-Management.pdf [pdf, 24 MB]

   ...WELLINGTON REGISTRY I MUA I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-Ā-TARA ROHE ENV-2020-WLG-00014 UNDER the Resource Management Act 1991 IN THE MATTER OF a notice of motion under section 87G of the Act seeking the grant of resource consents to Waka Kotahi NZ Transport Agency for Te Ahu a Turanga: Manawatū-Tararua Highway STATEMENT OF EVIDENCE OF DAVID WILLIAM HUGHES ON BEHALF OF WAKA KOTAHI NZ TRANSPORT AGENCY STORMWATER MANAGEMENT 12 June 2020...

9. [2015] NZEmpC 35 Coy v Commissioner of Police [pdf, 592 KB]

   ...that, for several months before disengaging from the Police in 2003, Ms Coy referred on a number of occasions to having her accumulated dissatisfactions with the defendant considered in “the Employment Court”, I think those were both rhetorical statements and uttered out of an increasing frustration by her that her grievances were not being addressed by the defendant as she wished them to be. I do not accept the defendant’s broad contention that Ms Coy had no genuine intentio...

10. [2022] NZEmpC 5 VMR v Civil Aviation Authority [pdf, 519 KB]

    ...letters were similar, alleging that they had each been subjected to workplace bullying. They said the Pfizer vaccine had been introduced on a trial basis as an emergency medicine for a limited number of sick persons with their informed consent and that human trials were not due to be completed until October 2023. Informed consent had been “decided arbitrarily by CAA on 14 April 2021 and various later dates”, and that if not vaccinated they would have to give up the rig...