Search Results

1. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 1 [pdf, 283 KB]

   ...separate from his role as the director of Venus Investments Limited. [100] I have already referred to the classic statement of the situation when personal liability will arise given by Hardie Boys J in Morton v Douglas Homes Limited.13 [101] Keeping those considerations in mind, I now turn to outline the reasons why I consider Mr Allen to have undertaken a central controlling role in the construction of this dwelling. [102] Mr Allen has alleged that Mr French was th...

2. Langhorne v ACC [2010] NZACA 4 [pdf, 286 KB]

   ...injury by accident, means the period commencing on the 7th day after the date of the accident and ending with the 28th day of the period, or with the person’s sooner complete recovery from incapacity due to the accident, or with his death”. [101] Section 104(2) set out the factors relevant to the calculation of an earner who was an employee at the date of accident. The Corporation had a wide discretion to calculate a claimant’s relevant earnings. The subs.(2) considerations w...

3. Johnston v Abide Homes Limited [pdf, 140 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2008-100-000101 BETWEEN BRUCE McGREGOR JOHNSTON and HEATHER LILLIAN JOHNSTON Claimants AND ABIDE HOMES LIMITED First Respondent AND ALBERT LAURENCE SANDS (Removed) Second Respondent AND GEOFFREY and PEGGY TOWNE Third Respondent AND STUART GRAHAM SIZEMORE (Removed) Fourth Respondent AND ANTHONY PAUL GRUBNER Fifth Respondent AND MURRAY SCOTT ABBOT Sixth Respondent AND ELLIS ALBERT MILLER Seventh Respon...

4. McKeogh v Attorney-General [2020] NZHRRT 39 [pdf, 368 KB]

   ...and disregards their fundamental right not to be discriminated against on the ground of being married to a particular person. They submit the issue whether they are entitled to be treated as individuals is perhaps the critical thing in this case. [101] The MSD submits that to see NZS as akin to a personal investment due in full on attaining the age of eligibility regardless of the impact of the deductions mandated by SSA, s 70 fundamentally misunderstands NZS. It is a universal scheme d...

5. Lowe and Ors as Trustees of the Vivienne Hicks Family Trust v Morrison [2011] NZWHT Auckland 27 [pdf, 263 KB]

   ...Vesey‟s reputation, it was reasonable for him to expect that it was being done in accordance with the technical requirements of Plaster Systems Limited. Responsibility for the defects caused by Mr Vesey rests with Mr Vesey and the Council. [101] Given the extent of the damage caused by defects for which he is liable (principally the defects relating to the balustrade and parapet tops), we conclude that Mr Jansen has contributed to defects that necessitate the full re-cladd...

6. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 4 [pdf, 234 KB]

   ...role. It was reasonable for him to assume that the Hitex system was being installed in accordance with its technical requirements. Responsibility for the defects created by Hitex rests with Hitex and, to a lesser extent, Mr Holyoake. [101] Two defects are associated with Mr Wilkinson‟s work. The first of these is the wooden capping on the deck balustrade wall. Mr Wilkinson has given evidence that he consulted Mr Holyoake about the adequacy of the balustrade capping pr...

7. Roberts - Te Touwai B19A1 (2015) 114 Taitokerau MB 131 (114 TTK 131) [pdf, 702 KB]

   114 Taitokerau MB 131 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20130001016 UNDER Section 326B, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Te Touwai B19A1 BETWEEN LAVINIA LISA ROBERTS Applicant Hearing: 23 October 2013 15 August 2014 2 February 2015 (Heard at Kaikohe) Judgment: 15 October 2015 RESERVED JUDGMENT OF JUDGES D J AMBLER AND M P ARMSTRONG 114

8. OIA-107708.pdf [pdf, 2.2 MB]

   ...from within 50 days working days after the declaration of the list members under section 193(5) to within 70 working days after polling day b. an amendment to provide that failure to file a return required under the Act is a corrupt practice offence. 101. Four submitters commented on the electoral finance and disclosure rules. 102. The Labour Party supported the Electoral Commission’s recommendations relating to the deadlines for the filing of expense returns. The current timeframes are...

9. KI v Accident Compensation Corporation (Contribution to Cost of Treatment) [2024] NZACC 011 [pdf, 1.8 MB]

   ...diagnosis expressed with a degree of certainty. It opines: [the appellant’s} appropriate primary diagnosis is unquestionably borderline personality disorder. Contributing factors are narcissistic traits and somatic symptom disorder. … [101] At page 11 of his report, Dr Lehany notes that the panel is strongly critical of Dr Newburn “in a markedly combative tone”. She notes that Dr Lehany acknowledges that this is a complex case, with no single or clear answer or form...

10. [2019] NZEnvC 056 Mackenzie District Council [pdf, 7.3 MB]

    ..."regional consenting process" in Rule 15A.1.2 of PC13(293V) lends support to this interpretation. Regional consenting process is an amorphous term admitting, we find, the process of the court, on appeal from a Regional Council'S decision. [101] There is no unfairness to Simons Pass in interpreting 'grant' this way. Simons Pass is in the same position as many other persons who applied for water permits after the notification of PC13(293V) . We find this inter...