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1. Milligan v Robert Brown Developments Ltd [pdf, 133 KB]

   ...completion of several items of incomplete or defective work recorded on the Field Advice Notice, the provision by RBD of Producer Statements Construction Review from the Fire and Structural Engineers and the Lift Installer, and the provision of the Applicants Advice Notice of Completed Building Work, Form BA9 duly executed by Eastwood, the Council issued a Code Compliance Certificate on 8 January 1999. [18] Ms Milligan and her partner took possession of the unit in March 1999....

2. [2018] NZSSAA 41 (14 August 2018) [pdf, 300 KB]

   ...have confirmed the amount of the pension they receive by producing bank statements showing the amount deposited. [39] In 2017, the appellants sought the assistance of their local MP. When he wrote to the Ministry to support the appellants’ application for AS, DA and TAS, he attached records of two term deposits to his email. The total invested in XXXX’s name was $114,982.64. As these benefits are income and asset tested, the Ministry declined the appellants’ applicatio...

3. LS v MIS [2021] CEIT-2020-0024 [pdf, 365 KB]

   ...claim. Consequently, MIS has applied for terms to be inserted into the agreement to eliminate the potential barrier. The application raises wider issues around litigation funding, abuse of process, and the jurisdiction of the Tribunal to manage applications brought before it. These issues have potential effects for a number of claims which fall within the Tribunal’s jurisdiction. This decision addresses these issues, concluding that the agreement is to be changed to provide for ind...

4. Trustees of Horina Nepia and Te Hiwi Piahana Whanau Trust v Tahamata Incorporation (2011) 274 Aotea MB 203 (274 AOT 203) [pdf, 105 KB]

   ...274 Aotea MB 203 (274 AOT 203) A20110011627 UNDER Sections 19(1)(a) & 19(3), Te Ture Whenua Maori Act 1993 IN THE MATTER OF Tahamata Incorporation BETWEEN TRUSTEES OF HORINA NEPIA AND TE HIWI PIAHANA WHANAU TRUST Applicant AND TAHAMATA INCORPORATION Respondent Hearing: 18 November 2011 Appearances: S Potter for the applicant E MacDonald for the respondent Judgment: 18 November 2011 ORAL JUDGMENT OF JUDGE L R HARVEY...

5. [2013] NZEmpC 122 FARSA v Air NZ [pdf, 36 KB]

   ...special leave to remove proceedings from the Employment Relations Authority BETWEEN FLIGHT ATTENDANTS AND RELATED SERVICES (NZ) ASSOCIATION INC First Applicant AND THE PERSONS LISTED IN SCHEDULE 'A' Second Applicants AND AIR NEW ZEALAND LIMITED First Respondent AND AIR NEW ZEALAND TASMAN PACIFIC LIMITED Second Respondent Hearing: 5 July 2013 Appearances: Simon Mitchell and Lisa Keys, counsel for applicants...

6. [2024] NZEmpC 22 Tindall v Winterset Proprietary Ltd [pdf, 147 KB]

   ...OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2024] NZEmpC 22 EMPC 422/2023 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for a stay of execution BETWEEN SARAH TINDALL Plaintiff AND WINTERSET PROPRIETARY LIMITED Defendant Hearing: On the papers Appearances: A Fechney, advocate for plaintiff F McMillan, coun...

7. Broome v Auckland Council [2017] NZWHT Auckland 1 [pdf, 328 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2015-100-000009 [2017] NZWHT AUCKLAND 01 BETWEEN SIMON OVAN BROOME, ELIZABETH ANN BAIRD AND MATTHEW LANGLEY CARSON AS TRUSTEES OF THE SO & EA BROOME FAMILY TRUST Claimants AND AUCKLAND COUNCIL Respondent AND EQUUS INDUSTRIES LIMITED Second Respondent (Removed) AND AQUASTOP LIMITED (IN LIQUIDATION) Third Respondent AND BOSTIK NEW ZEALAND LIMITED Fourth Respondent (Removed) Site inspection 5 October

8. LV v VJ LCRO 81 / 2011 (6 September 2011) [pdf, 86 KB]

   ...can see no basis for concluding that there was any professional failing by the Practitioner. The application for review is declined. [27] For the sake of completion I noted that the Applicant also raised a concern about the niece having made a claim against the deceased’s estate, a claim that the Applicant contended was known by the Practitioner to have no proper foundation. No lawyer can prevent an individual making a claim against an estate, and no professional conduct issue...

9. Kidd v Grumball [pdf, 76 KB]

   ...decision at the time. 2.8 On 10 August 2007 the claimant further submitted that the Disputes Tribunal had decided in the respondent’s favour on two main grounds, neither of which was correct. Page 3 2.9 The Act provides for a barrier to an application if a claim is underway elsewhere (s 60(5)) and treats a notice of a claim commenced elsewhere after the claim is filed as the basis of a withdrawal of the claim (s 61(1)). 2.10 The Act does not specifically provide for the sit...

10. [2022] NZEmpC 140 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 222 KB]

    ...and S-J Lloyd, counsel for defendant Judgment: 9 August 2022 INTERLOCUTORY JUDGMENT OF JUDGE J C HOLDEN (Application for leave to file amended pleadings; objection to evidence) [1] Dr Wiles has proceedings before the Court claiming unjustifiable disadvantage, breach of her employment agreement and breach of good faith by the University of Auckland (the University). There are two preliminary issues that are resolved by this judgment. [2] First, Dr Wiles...