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1. [2023] NZEmpC 218 Carrington Resort Jade LP v Knight [pdf, 146 KB]

   ...defendant was entitled to costs and timetabled an exchange of submissions. On 16 November 2023, the defendant sought costs on a Category 2B basis amounting to $4,302.2 1 Carrington Resort Jade LP v Knight [2023] NZEmpC 198. 2 The amount claimed is less than the defendant’s actual costs. [3] In response, Mr Tan accepted that Category 2B applies but four propositions were advanced that: (a) Carrington had applied in good faith and, even though it was ultimately uns...

2. [2021] NZACC 40 - OBrian v ACC (25 February 2021) [pdf, 329 KB]

   ...Hinchcliff for the Appellant L Hawes-Gandar for the Respondent Judgment: 25 February 2021 RESERVED JUDGMENT OF JUDGE NICOLA MATHERS [1] On 8 December 2017 the Accident Compensation Corporation (“ACC”) declined Mr O’Brian’s request for elective surgery to his right shoulder and also declined the payment of weekly compensation. Mr O’Brian reviewed those decisions and on 8 October 2018 the Reviewer upheld ACC’s decisions. Mr O’Brian now appeals tho...

3. AR v ZE LCRO 83/2012 (6 May 2016) [pdf, 109 KB]

   ...must approach Mr and Mrs AR’s application for review of the determination of the Standards Committee afresh. The parties [6] The Standards Committee processed the complaint as being a complaint by Mr AR. That is how the complaint application form was completed. The applicants for the review were recorded as “Mr & Mrs AR”. Mrs AR is not a person who could apply for a review as she was not, and had not been treated by the Standards Committee as, a complainant. However, Mr...

4. MN v DX [2025] NZDT 97 (28 February 2025) [pdf, 154 KB]

   ...claims that shortly after receiving [the horse] she noticed that [the horse] was reefing, and her canter was inconsistent and ‘bunny hopping’. MN claims that DX misrepresented [the horse]’s ability and condition to her and in particular did not inform MN that [the horse] did not consistently transition to canter and that there were issues with canter. MN also claims that [the horse] had a pre-existing sacro-iliac injury which causes her intermittent pain, and makes her unpredictable...

5. [2021] NZEmpC 196 KAQ v The Attorney-General [pdf, 245 KB]

   ...circumstances, when it is in the interests of justice to do so. [8] Rule 12 of the Rules specifies a range of matters that must be considered when determining an application for access. It provides: 12 Matters to be considered In determining a request for access under rule 11, the Judge must consider the nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request or any objection to the request: (a) the o...

6. LK & NI v JK Ltd [2024] NZDT 636 (5 September 2024) [pdf, 223 KB]

   ...the quote as per the request of the Applicants. 13. I find that the definition of “services” is sufficiently broad to include the provision of the initial indicative quote even if the quote had not been accepted nor any physical work performed. There remains a supply, which in this case, is the provision of the quote which gives rise to the customer’s right to accept/reject the same. 14. Given this, section 28 of the CGA then states that the service must be provided with...

7. BX v KI & NI [2024] NZDT 881 (7 June 2024) [pdf, 192 KB]

   ...The Tribunal orders: KI and NI, jointly and severally, are to pay the sum of $16,800.00 to BX on or before 24 June 2024. Reasons: 1. In February 2018, BX saw an advertisement in the “Flatmates Wanted” category on [an online selling platform]. A married couple living in a four-bedroom house in [redacted] were looking for “Professional single or couple who want their own space”, and the rent was “$225 per week”. The advertisement stated: “The house is split in 2. We ha...

8. Strickland v Gaensicke [2011] NZWHT Auckland 46 [pdf, 273 KB]

   ...changes were made to the design of the mezzanine floors, roof height in some locations and spacing of joists. During a failed pre-line check in May 2001 and a recheck in July 2001 the Council inspector noted some of the changes to the plans and requested further documentation. The paper records suggest little was done about this until construction was almost complete. At that stage either the Council or Andre approached Mr Burrows for certification that the dwelling was still...

9. Walton v Holden [pdf, 172 KB]

   ...design for the dwellinghouse earlier on but Mr Holden had elected not to use that design and had proceeded on his own as I mention below. 2.5 I also struck out Mr Chandler as a respondent pursuant to s34 of the Act on the basis that the first information had indicated he was the 00003 Determination 5 person who signed the Code Compliance Certificate but as it transpired that related to the adjoining cross-lease residence and the Code Compliance Certificate for this dwelli...

10. Bryan v Accident Compensation Corporation (Attendant Care Payments) [2024] NZACC 155 (30 September 2024) [pdf, 150 KB]

    ...Epilim was first prescribed for Jessica. Following acceptance of the claim, Ms Bryan applied for backdated attendant care for Jessica. On 29 September 2021, attendant care payments were approved and backdated to 1 April 2002. [6] Ms Bryan then requested the Corporation to consider payment for backdated attendant care for the period from 15 July 1992 to 1 April 2002. On 31 August 2022, the Corporation wrote to Ms Bryan stating that after considering the legislative requirement...