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1. [2019] NZEmpC 130 Packwood v ANZ Bank New Zealand Ltd [pdf, 494 KB]

   ...should reconsider her claims in their entirety. [52] Section 179(1) of the Act provides that a party who is dissatisfied with a written determination of the Authority may bring a challenge. It is well established that a right of review, including appeal, exists in respect of a consent order.2 The language of s 179(1) does not suggest a challenge could not relate to such an order. [53] Section 179(3) confirms that the party may in doing so seek a full rehearing of the entire mat...

2. Sen v Kiff [2012] NZWHT Auckland 3 [pdf, 156 KB]

   ...report was dated 24 July 2009 but the Reliant quote is more recent, dated 11 February 2011. [55] In addition Mr and Mrs Sen have claimed $20,000.00 general damages each for themselves and their daughter, a total of $60,000.00. The Court of Appeal has stated that $25,000.00 per dwelling is to be taken as a guide for awards of general damages in leaky homes cases.3 I accept Mr and Mrs Sen’s evidence that they and their daughter have suffered mentally and physically from their...

3. [2011] NZEmpC 33 Tertiary Education Union v Western Institute of Technology [pdf, 116 KB]

   ...be a significant in-road into what is otherwise a matter to be negotiated freely between the parties to the bargaining. He suggested this would be wholly inconsistent with both the statutory scheme as interpreted by this Court and the Court of Appeal. In the Service & Food Workers Union case, this Court found at para 96 that the Act “contemplates one set of negotiations for the same parties initiated either by a union or unions or by an employer or employers.” Mr Cook also...

4. [2010] NZEmpC 94 Hutton & ors V Provencocadmus Ltd (In Receivership) & ors [pdf, 49 KB]

   ...their appointment, the receivers had sent them notices of immediate termination, it was held by 5 (3rd ed, Lexis Nexis, Wellington, 2008). 6 At 11.12. 7 [1998] 1 NZLR 30. the Court of Appeal that the notices were lawfully given under s 32(1)(b) and relieved the receivers of personal liability. Once a notice has been lawfully given to an employee under s 32(1)(b) within the 14 days (or any extended period ordered by the Cour...

5. Karepa v Te Riini - The Kikorangi and Kareti Karepa Whānau Trust (2016) 138 Waiariki MB 134 (138 WAR 134) [pdf, 234 KB]

   ...failed to carry out the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [18] In Clarke v Karaitiana the Court of Appeal noted the extent of the Court’s jurisdiction under s 238 of the Act: 6 [36] … Apart from the inherent jurisdiction enjoyed by the High Court and conferred on the Māori Land Court by s 237, the Māori Land Court has wide superv...

6. Lake - Ngarara West B3B Trust (2003) 134 Aotea MB 20 (134 AOT 20) [pdf, 415 KB]

   ...[1988] 1 NZLR 197. The legal principles identified in the Maori Appellate Court decision in re Rata - Te Rongoroa A7 (1991) 13 Aotea Appellate MB 228 are relevant to the Termination Application, even though it deals with the previous legislation. That appeal concerned the refusal by the Lower Court to terminate Te Rongoroa Farm and Forest Trust in respect of Te Rongoroa A7 and to form a trust in respect of Te Rongoroa A7 and Part A8. In that case the Appellate Court had to consider wheth...

7. LCRO 148/2022 NH v MV (13 June 2024) [pdf, 220 KB]

   ...discretion pursuant to s 138(1)(2) of the Lawyers and Conveyancers Act 2006 that further action was unnecessary or inappropriate, and on the basis (pursuant to s 138(1)(f) of the Act) that there was in all the circumstances an adequate remedy or right of appeal that it would be reasonable for Ms NH to exercise. 21 At [45]. 22 At [46]. 23 At [48]. 10 Ms NH’ application for review [48] Ms NH provided a succinct summary of the reasons for her application for review. S...

8. [2006] NZEmpC AC 55/06 Downey v NZ Greyhound Racing Assoc Inc [pdf, 80 KB]

   ...that Mr Bryson had to provide his own tools. However, in addition to the control in respect of actual duties, his hours of work each week were specified. He was not simply on call as and when required. Justice McGrath in the dissenting Court of Appeal judgment adopted a similar approach ([2004] 2 ERNZ 526, 530). [28] Mr Downey occupied a totally different position. While there were duties required to comply with the rules of racing, and in performance of his judicial functions...

9. Grubb and Anor as Trustees of the Bas Trust v Auckland Council [2011] NZWHT Auckland 58 [pdf, 108 KB]

   ...the estimate of $20,000.00 is not relevant. 15 [44] The parties asked me to decide if the claimants were „the material or substantial cause of their own loss‟, or whether they contributed to their own loss. [45] The Court of Appeal has stated that the extent of contributory negligence is a matter for judgement in the circumstances of the case, ranging from a small deduction from the damages awarded to a very high one. In her judgment in Findlay, Ellis J stated t...

10. M Dwan v Park No 3 Trust & Ors [2013] NZWHT Auckland 11 [pdf, 249 KB]

    ...stress and constant worry as she lived with the knowledge of the leaks and ongoing damage for five years from 2007–2012. She was worried about her health and safety and that of visitors and also had financial concerns. [6] The Court of Appeal in Byron Ave2 provided a guide for damages in such situations at $25,000 for an owner occupier in Ms Dwan’s circumstances. I find that her evidence shows she is entitled to this level of damages. [7] Ms Dwan obtained an overdraft...