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1. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

   ...whom that section applies, has not referred the person to the Director of Proceedings under section 45(2)(f); or (b) the Director of Proceedings declines or fails to take proceedings. [13] The limitation on the right to bring proceedings where the matter has been resolved by agreement between the parties has no application on the facts but is referred to for completeness. The ACC bar and the claim for exemplary damages [14] Section 52(2) of the HDCA explicitly prohibits the award...

2. LCRO 172/2015 and 173/2015 WL v XC and HF v XC (16 May 2019) [pdf, 269 KB]

   ...separate but similar complaints with the New Zealand Law Society Complaints Service (Complaints Service) on 24 March 2015 and 1 May 2015 respectively. [16] In his complaint Mr HF said that he agreed with what Ms WL had said, but he added some matters of his own. [17] The substance of the complaints was that: (a) the allegations pleaded by Ms XC included: (i) conspiring with Mrs YP’s husband to fraudulently defeat her relationship property claim; (ii) fraudulently and knowing...

3. B v ACC [2012] NZACA 5 [pdf, 127 KB]

   [2012] NZACA 5 ACA 16/08 & ACA 281/88 IN THE MATTER of the Accident Compensation Act 1982 AND IN THE MATTER of an appeal pursuant to s 107 of the Act BETWEEN MR B of Auckland Appellant AND ACCIDENT COMPENSATION CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent BEFORE THE ACCIDENT COMPENSATION APPEAL AUTHORITY Robyn Bedford HEARING at Auckland on 9 December 2011 APPEARANCES/COUNSEL...

4. Cao v Tony Tay and Associates Ltd (in liq) [2010] NZWHT Auckland 26 [pdf, 270 KB]

   ...will only have limited opportunities to inspect the work as it progresses. There will be defects where it would not be reasonable to conclude that they should, or could have been identified by a competent council inspector. I need to take these matters into account in determining whether the Council has any liability. In doing so, it is appropriate for me to consider each of the key defects as established in paragraphs 15 to 36. Windows [43] All experts agreed that the ma...

5. Finn and Anor as Trustees of the Angela Poynter Trust v Chen [2011] NZWHT Auckland 40 [pdf, 261 KB]

   ...reasonable grounds that the building work complies with the Building Code. [35] The Council inspections in this case were carried out by Council officers pursuant to section 76 of the Act. That section defines inspections as, amongst other matters: Page | 13 [The] taking of all reasonable steps to ensure – a) That any building work is being done in accordance with a building consent; … [36] The law is quite clear. A territorial authority can be liable to...

6. Family Court E solution Amendment Rules 2024 PCO26422 v1.23 4 December 2024 Consultation version.pdf [pdf, 1 MB]

   ...therefore not a lawyer user of the e-solution); or (c) rule 17J (when e-solution cannot reasonably be used) applies. 17H Court may make order granting lawyer exemption (1) A Judge, Family Court Associate, or Registrar who thinks it is in the interests of justice to do so may make an order granting a lawyer an exemption from the requirement in rule 17G. (2) The order granting the exemption may be made— (a) on the Judge’s, Family Court Associate’s, or Registrar’s own initiative; or (b...

7. Manahi v Kingi - Succession to Hinerongonui Manahi [2024] Chief Judge's MB 87 (2024 CJ 87) [pdf, 1011 KB]

   ...MĀORI O AOTEAROA I TE ROHE O TE WAIARIKI In the Māori Land Court of New Zealand Waiariki District AP-20230000026877 A20100010686 CJ 2010/79 WĀHANGA Under Section 45, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Succession to Hinerongonui Manahi I WAENGA I A Between RAUKAWA MANAHI Te Kaitono Applicant ME And RIKIHANA KINGI & AMIRIA RANGIĀTEA KINGI Ngā Kaiurupare Respondents Nohoanga: Hearing...

8. LCRO 91/2017 DV v LS and HS (19 December 2018) [pdf, 415 KB]

   ...following Mr DV’s departure from [Firm] on 31 July 2012. [37] The significance of this discovery was that s 60 of the Weathertight Homes Resolution Services Act 2006 (the WHRSA) prevents a claimant from having proceedings about the same subject matter filed in two different courts or tribunals. [38] In other words, if there were no limitation issues with either the District Court or the WHT, a claimant had to make a choice of forum within which to have their claim heard. Howeve...

9. Brooking v Henderson - Wharekahika A47 (2022) 110 Tairawhiti MB 238 (110 TRW 238) [pdf, 497 KB]

   ...I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE TAIRĀWHITI In the Māori Land Court of New Zealand Tairāwhiti District A20190011094 WĀHANGA Under Section 240, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Wharekahika A47 I WAENGA I A Between ASHLEY BROOKING Te kaitono Applicant ME And APIRANA MAPUROA HENDERSON Te kaiurupare Respondent Nohoanga: Hearing 31 January 2020, 94 Tairawhiti MB 141-...

10. [2024] NZEmpC 123 Wiles v University of Auckland [pdf, 536 KB]

    ...WILES v THE VICE-CHANCELLOR OF THE UNIVERSITY OF AUCKLAND [2024] NZEmpC 123 [8 July 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 123 EMPC 477/2021 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN SIOUXSIE WILES Plaintiff AND THE VICE-CHANCELLOR OF THE UNIVERSITY OF AUCKLAND Defendant Hearing: 6-24, 28 November 2023...