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1. Tuwhangai v Boon - Kawhia U 2B (2018) 173 Waikato Maniapoto MB 99 (173 WMN 99) [pdf, 442 KB]

   ...continues to farm the block and has been responsible for its maintenance and payment of rates. [29] Mrs Ormsby also made initial contributions towards the purchase of various items of farm machinery, fencing, general farm maintenance and the payment of lawyers’ accounts. Joint tenancy [30] A joint tenancy arises where a parcel of land is vested in two or more persons without any indication that they are to take distinct and separate shares. Joint tenants do not hold proportiona...

2. [2021] NZACC 106 - Panui v ACC (28 July 2021) [pdf, 620 KB]

   ...have either supported Mr Panui’s claim, or advised the Corporation in relation to it. (There have been two further medical opinions since the review decision. They are a second letter from Mr Kevin Karpik, orthopaedic surgeon, to Mr Panui’s lawyer, and Mr Miller after the advice given to the Corporation by Mr Pai.) [83] The Reviewer stated that to have cover for a treatment injury Mr Panui had to establish on the balance of probabilities that he suffered a personal injury th...

3. Hodgson v Accident Compensation Corporation (Work-Related Personal Injury) [2024] NZACC 40 [pdf, 326 KB]

   ...numb, hand sore and swollen. [68] Ms Anderson notes that the physiotherapist was unable to confirm a diagnosis and the 19 March ultrasound was normal. Counsel then listed the further enquiries made and advice sought. [69] Counsel notes that the law is set out in ss 20, 25, 26 and 28 and that for a claim to be successful, the applicant must establish: (a) A personal injury has occurred, such as a physical injury, including for example a strain or sprain; (b) That the personal i...

4. [2022] NZEmpC 171 Alkazaz v Deloitte (No. 3) Ltd [pdf, 356 KB]

   ...or a continuation of discussions. Mr AlKazaz says that the draft record of settlement was a distressing surprise. [36] Whatever the circumstances, Mr AlKazaz had the good sense to obtain legal advice before responding. On 14 June 2016, his lawyer wrote to Mr Glover registering concern at the way in which the matter had been handled and advising that Mr AlKazaz would not be signing the document or waiving his rights to a personal grievance. 12 Mr AlKazaz says this view was ei...

5. CAC 304 v Chapman [2018] NZREADT 6 [pdf, 300 KB]

   ...Estate Agents Act (Professional Conduct and Client Care) Rules 2012 would apply to the manager. Rule 6.4 provides that a licensee: … must not mislead a customer or client, nor provide false information, nor withhold information that should by law or in fairness be provided to a customer or client. [92] Mr Hodge submitted that it could not be suggested that disclosure of information relevant to the fitness of premises for occupancy following a major earthquake is anything othe...

6. [2020] NZEnvC 107 Whangarei District Council v Sustainable Solvents Group Limited [pdf, 1.5 MB]

   ...of contaminants from industrial or trade premises into water and onto land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water without lawful authority in breach of s 15(1)(b) and (d) RMA;. iv) The first, second and third respondents are in breach of the enforcement order dated 2 February 2017; v) The use of the site is or is likely to be noxious, dangerous, offensive, or...

7. [2014] NZEmpC 60 Walker v Firth Industries [pdf, 185 KB]

   ...process could have been better, it was fair overall and Mr Walker’s dismissal was substantively justified. [37] As to the substantive justification, it was submitted that Mr Charteris’ instruction to Mr Walker on 21 December 2010 was lawful and reasonable. Batching was work Mr Walker was qualified and experienced to do and which was expressly provided for in the applicable collective agreement. His refusal to do the work was clear insubordination. [38] It was submit...

8. Body Corporate 199883 & Ors (Ridgeview Apartments) v Clarke [2010] NZWHT Auckland 22 [pdf, 216 KB]

   ...2 [1979] 2 NZLR 234 (CA). Page | 14 [47] The policy rationale for the imposition of a non-delegable duty of care, is made clear in the following extract from Stephen Todd (ed) The Law of Torts in New Zealand:3 “... A person who participates in the construction of a large and permenant structure which, if negligently constructed, has the capacity to cause serious damage to other persons and property in the community

9. [2022] NZEnvC 091 Otago Regional Council [pdf, 528 KB]

   ...Annexure 5 Ms Lee considers and makes recommended decisions on the relief sought in all the submissions with reasons, including on submissions from submitters who were not s274 parties, on Chapter 7 provisions in the notified plan change. The law [10] A plan change must be prepared in accordance with the Regional Council’s functions under s30 and the provisions of Part 2 of the Act. Chapter 7 must give effect to the New Zealand Coastal Policy Statement, any applicable national...

10. [2022] NZEmpC 151 Kang v Saena Company Ltd [pdf, 378 KB]

    ...proposed IEA were also raised. [74] In a letter dated 25 October 2019, but provided to Mr Kang on 26 October 2019, Mr Hwang gave a long response. Again, the events of 21 October 2019 were traversed. He said Ms Chung had been offended by a lawful and reasonable instruction which had been given by the head chef, Ms Weon. Ms Chung’s poor attitude had been an ongoing problem; she had often refused to undertake tasks, giving excuses. Her behaviour was disrespectful to Ms Weon,...