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1. Rogers v Hauraki – Te Aute A1B (2015) 117 Taitokerau MB 87 (117 TTK 87) [pdf, 222 KB]

   ...grantee's servants, tenants, agents, workmen, licensees, and invitees (in common with the grantor, the grantor's tenants, and any other person lawfully entitled) at all times by day and by night to go, pass, and repass, with or without vehicles, machinery, and implements of any kind, over and along the land over which the easement is granted. 2. The following rights of the occupiers of the land for the benefit of which, and the land over which, the easement is granted:...

2. Proactive-release-20240715-CAB-Regulatory-Systems-Justice-Amendment-Bill_Final.pdf [pdf, 9.6 MB]

   ...filing fee to successful claimants, clear up an inconsistency in how referees are treated for ACC purposes and remove unnecessary requirements in the referee appointment process. There is also a proposal to amend requirements for referees in the Motor Vehicle Disputes Tribunal, and another proposal to make a minor clarification to legislation associated with the Tenancy Tribunal (proposals 2.1, 2.2, 2.3, 2.4 and 2.10 in Appendix Two). 23 The four proposals for the Private Security Person...

3. Standard explanation of effects and implications of anEPA in relation to property [pdf, 249 KB]

   ...order to allow: • the witnesses to belong to the same legal firm or the same trustee corporation • the same person to witness both donors’ signatures if the witness is satisfied and certifies that doing so does not constitute more than a negligible risk of conflict of interest. Consult To ask for advice and give that advice proper consideration before making a decision. This includes making sure the person being asked for advice has all the information they need to bas...

4. UI & I Ltd v S Ltd & C Ltd [2023] NZDT 750 (16 December 2023) [pdf, 149 KB]

   ...agreed, nor that UI or I Ltd ever enquired about storage conditions, security, risk, or asked for any security or risk-avoidance measures to be taken. S Ltd says Engine 1 was classed as uneconomic to repair and was from an aged vehicle model, leaving only minimal value. UI however asserts Engine 1 was valued at AUD$7,000, and Engine 2 at AUD$20,000, on top of the value of the Truck itself; c. given the time that passed before this claim was lodged, I accept...

5. [2011] NZEmpC 169 Kim v Thermosash Commercial Ltd [pdf, 126 KB]

   ...action occurred. [4] The plaintiff filed a challenge in this Court against the whole of the Authority’s determination on a de novo basis. He pleads that Thermosash is obliged to pay him a week’s wages and claims $50,000 compensation for negligence and unethical behaviour which caused emotional harm and permanent physical injuries, and that his employer failed to respond appropriately to a request for extra assistance in October 2007. [5] The defendant has filed an applicat...

6. LCRO 119/2022 FT v GS (31 October 2022) [pdf, 183 KB]

   ...dangerous driving causing injury. [3] Mr GS, a barrister practising in [Town], was retained on legal aid to represent Mr FT. Mr GS was the second lawyer appointed to represent Mr FT. [4] An issue critical for Mr FT was the question as to whether the vehicle he had been driving at the time of the accident had been driven with a deflated tyre prior to the accident occurring. 2 [5] Mr GS was required to file an application for amendment to the legal aid grant. [6] In the course o...

7. [2022] NZEmpC 176 Drivesure Ltd v McQuillan [pdf, 191 KB]

   ...n 1, at [49]. Drivesure’s services contract was cancelled [8] The case involves a restructuring that ran into the nationwide lockdown in March and April 2020. That timing was unfortunate for all concerned. [9] Drivesure provides vehicle testing services at various sites. It had a contract with Penrose Compliance Centre Ltd to carry out such services at PCC. By letter dated Friday, 6 March 2020, Penrose Compliance Centre Ltd unexpectedly terminated that contract, eff...

8. [2020] NZEnvC 147 Grants Motels Limited v Dunedin City Council [pdf, 599 KB]

   ...completion of the Initial conifer removal programme. These remaining trees ~., .. oum ~1/: --· ··~' - w11f be scattered across the e.xtent of the property. ~15E.AL OJ:;-l', "~ ,s,«' L I 11.2 Given the relatfvely good vehicle access across the site, a ground control operation Is recommended. The basal spray method of killing trees, using the X­ Tree pre~mixed herbicide/ oil penetrant Is strongly recommended. It is considered the best solution In terms...

9. Barry v Devi [2011] NZIACDT 29 (5 September 2011) [pdf, 96 KB]

   ...upheld. [39] Section 51 of the Act confers these powers using general language. The application of the power is relatively uncomplicated where the grounds on which the complaint has been upheld would establish a civil claim for breach of contract, negligence, or another tort; given the standard of proof before this Tribunal is no less than would be the case for bringing the claim in a civil proceeding. Accordingly, in such circumstances, the Tribunal will ordinarily apply the same princ...

10. [2021] NZACC 120 - Hoeberechts v ACC (3 August 2021) [pdf, 199 KB]

    ...2018. The Reviewer dismissed an application for review, upholding the Corporation’s assessment of Ms Hoeberechts’ lump sum compensation for permanent impairment. Background [2] On 6 December 2015, Ms Hoeberechts was involved in a motor vehicle accident. She suffered a right wrist injury, a scaphoid fracture, cervical whiplash and 2 a rib and neck sprain. She sought and received weekly compensation entitlements on the claim. Meanwhile, her pain continued. [3] On 19...