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1. [2024] NZEmpC 6 C3 Ltd v O’Brien [pdf, 250 KB]

   ...drug cup was faulty. (p) On 7 August 2023, C3 Ltd upheld its preliminary view as set out in its 2 August 2023 letter and dismissed Mr O’Brien. The applicable principles [3] There was no dispute between the parties as to the applicable law governing the plaintiff’s challenge. [4] Interim reinstatement is provided for in s 127 of the Employment Relations Act 2000 (the Act) pursuant to which the Authority may, if it thinks fit, make an order for the interim reinst...

2. [2021] NZEmpC 214 McDonnell v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 273 KB]

   ...Court on a challenge from the Authority, may grant an order for the interim reinstatement of a former employee pending the substantive hearing of that person’s personal grievance.2 [5] In determining whether to grant interim reinstatement the law relating to interim injunctions is to be applied having regard to the object of the Act.3 The object of the Act is to build productive employment relationships through the promotion of good faith in all aspects of the employment enviro...

3. Waititi v Ruha - Orete D1 Block (2011) 28 Waiariki MB 166 (28 WAR 166) [pdf, 134 KB]

   ...5 April 2011 at 10:00 AM RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX Solicitors: East Brewster, Barristers & Solicitors, PO Box 1742, Rotorua Attention: Curtis Bidois E-mail: bidois@eastbrewster.co.nz Baywide Community Law Service, PO Box 628, Whakatane Attention: Marcia Insley E-mail: Marcia@baywidecls.org.nz mailto:bidois@eastbrewster.co.nz 28 Waiariki MB 167 Introduction [1] A Preliminary Decision concerning this matter was issued on 9 September...

4. Brown v Accident Compensation Corporation (Claims Process) [2023] NZACC 213 [pdf, 170 KB]

   ...Dr Grant assessed that the appellant’s struggles, both physical and mental, had not resolved within six months, and Dr Grant believed that they related back to the appellant’s accident on 2 October 1996, more than 27 years before. Relevant law [34] Section 3 of the Act provides: The purpose of this Act is to enhance the public good and reinforce the social contract represented by the first accident compensation scheme by providing for a fair and sustainable scheme for managin...

5. RV v IP and RM LCRO 212/2014 (25 July 2016) [pdf, 78 KB]

   LCRO 212/2014 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [x] Standards Committee [x] BETWEEN RV Applicant AND IP & RM Respondents DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr RV has applied for a review of a decision by the [x] Standards Committee [x] dated 10 Sept

6. [2018] NZEnvC 135 Bunnings Ltd v Queenstown Lakes District Council [pdf, 3.7 MB]

   ..."competitive activity having a commercial elemenf7 . This approach was affirmed by the Environment Court in Kapiti Coast Airport Holdings v Alpha Corporation Limitec!'. [35] To place Part 11A in context it is important to recall that the common law has long recognised the benefits of trade and of free and open markets· (subject of course to specific statutory restraints) . In Montessori Pre-School Charitable Trust v Waikato District Counci/'o, Baragwanath J also observ...

7. [2010] NZEmpC 129 Metallic Sweeping (1998) Ltd v Ford [pdf, 64 KB]

   ...render the final amount reasonable. This was a straightforward matter involving events which occurred over a period of three weeks. There were only two witnesses for the plaintiff, one of whom was Mr McGinn. It involved no contentious issues of law. Even allowing for contingencies and the unusual amount of time required for pre hearing matters, costs of $9,200 for preparation exceeded what was reasonable. [47] In relation to the hearing which eventually took place in April 2009,...

8. Jones v Sircombe [pdf, 43 KB]

   ...90(1) of the Weatheright Homes Resolution Services Act 2006 provides that the Tribunal may make any order that a court could make in relation to a claim. But section 50 provides that a claim may be for any remedy that may be claimed in a court of law for or in relation to the penetration of water into the building concerned. 53. There is insufficient evidence for me to find that the discolouration and contamination of the water by the Onduline as it ran into the tank was due t...

9. XD Ltd v QC [2023] NZDT 607 (7 November 2023) [pdf, 256 KB]

   ...would be inefficient and would make certainty and resolution impossible. Therefore, I will not consider the new grounds raised by QC, or XD Ltd’s responses. Issues 15. To resolve the claim and counterclaim I need to consider; a. What law is to be considered? b. who damaged the heatpump pipes? c. Who is liable for the damage to the sewer pipe? d. Was there a variation relating to the widening of paths? e. Do the paths have sufficient fall? f. Are there defects in the fi...

10. Holden —Nga Taonga Tuturu (2010) 245 Aotea MB 230 (245 AOT 230) [pdf, 134 KB]

    ...Authority’s submission included reference to historical sources deriving from the nineteenth century in support of claims of Muaūpoko. The submission also provided an outline of future plans for the tāonga should the claim for ownership succeed. The Law [16] Section 2 of the Protected Objects Act 1975 defines tāonga tūturu as an object that: (a) relates to Maori culture, history or society; (b) was, or appears to be been,- (i) manufactured or modified in...