Search Results

1. NB v CF & MF [2024] NZDT 515 (13 August 2024) [pdf, 214 KB]

   ...unconsented works on the property. She obtained a pre- purchase builders report from T of D Joiners & Builders. Under the heading “waste water system”, T wrote: “A septic tank located adjacent to the dwelling has been constructed of in-situ formed concrete and is of a size capable to deal with the size of dwelling and the amount of kitchen and bathroom facilities. This tank appears to be vented correctly. An adjacent inspection cover reveals another settling tank or soak pit...

2. Dowling v Jacobsen Creative Surfaces Ltd [pdf, 18 KB]

   ...evidence and expertise of the WHRS assessor. 2.4 The applications by the first and second respondents for costs do not have equal merit. Mr Swan appeared for Mapei at conferences and filed an application for strike out. This was in the form of a one page letter with no evidence or affidavits provided in support. Mapei did not file a response to the claim and therefore did not call witnesses. At the hearing Mr Swan conducted limited cross-examination of some witnesses. The...

3. [2024] NZEmpC 6 C3 Ltd v O’Brien [pdf, 250 KB]

   ...integrity testing.6 C3 Ltd has accepted that, under the Standard, it is considered best practice that, where there are issues with a specimen’s integrity that may indicate tampering (such as the use of fake urine or other types of adulteration), to request a second sample from the employee and to send both samples to the laboratory to be analysed. (g) However, C3 Ltd elected not to include the full Standard into its D & A Policy. The D & A Policy does not require a...

4. Ratima v Sullivan - Tataraakina C Trust (2012) 15 Takitimu MB 57 (15 TKT 57) [pdf, 196 KB]

   ...the trust to significant expenditure through a process that was not transparent. [11] Mr Ratima in his affidavit raises three further issues. First he says that the trustees continued to be obstructive in providing information on the trust as requested by his solicitors. Second he says that a particular request concerns fees paid to trustees where they continue to fail to provide sufficient detail to him and his solicitor. Third he says that one of the existing trustees Yvonne...

5. LCRO 130/2018 UH v OB (12 February 2020) [pdf, 165 KB]

   ...failed to treat Mr UH with respect and courtesy. [15] Mr TD’s report is careful and thorough and it is appropriate to include here extracts from this report:7 53. The Tribunal found that the Complainant’s explanation for incomplete passport forms being filed, shifted between the written accounts and his oral evidence, but were also “inherently implausible”. In effect, the Complainant alleged that the [NA] complainants had broken into his office to obtain the incomplete forms...

6. LCRO 195/2016 AJR v BKT (29 October 2018) [pdf, 159 KB]

   ...including associates, friends and his wife. [18] Mr BKT attempted to recover the information he had inappropriately disclosed and sought assurances from the lawyers concerned. Most of the lawyers involved responded positively although Mr BKT’s request was met with resistance from some quarters. [19] Mr AJR says he had warned Mr BKT this could happen. With his longstanding concerns vindicated, and personal information apparently still at large, Mr AJR made a complaint to the...

7. Cook v Manawatu Community Law Centre (Costs) [2021] NZHRRT 57 [pdf, 168 KB]

   ...papers DATE OF DECISION: 20 December 2021 DECISION OF TRIBUNAL ON COSTS1 INTRODUCTION [1] Following a three-day hearing from 6 to 8 July 2020 the Tribunal, in Cook v Manawatu Community Law Centre [2021] NZHRRT 10, upheld Ms Cook’s claim of an interference with her privacy and awarded damages of $6,000 against the Manawatu Community Law Centre (MCLC) under ss 85(1)(c) and 88(1)(c) of the Privacy Act 1993 (PA) for hurt and humiliation and injury to the feelings of Ms Cook...

8. Devon v Devon - Succession to Hone Ihaka Devon [2024] Chief Judge's MB 201 (2024 CJ 201) [pdf, 271 KB]

   ...te Kooti The Court hearing [5] On 28 September 2023, the application was heard before me in Wellington via Zoom. At that hearing Deputy Registrar Ms Nepe updated the Court with new information. On 20 September 2023, Frances and Catherine Devon requested a meeting with the Court. That 2024 Chief Judge's MB 205 was not granted. Larry Devon (sibling) sought an adjournment of the proceedings. Ms Barrett asked Mr Devon to provide a written request stating his reasons. There w...

9. [2025] NZEmpC 217 Fuimaono v Ritchies Murphy Transport Solutions Limited [pdf, 186 KB]

   ...award and not sought a stay. On 29 April 2025 the Authority issued a compliance order requiring Mr Fuimaono to pay the costs awarded by the Authority within 28 days.8 Mr Fuimaono has failed to comply with the compliance order or respond to written requests from Ritchies’ lawyer to Mr Fuimaono’s lawyer for payment in line with the compliance order. 4 McLachlan, above n 2, at [15]–[16]. 5 Bell-Booth Group Ltd v Attorney-General (1986) 1 PRNZ 457 (HC) at 461. 6 Employment...

10. E Ltd v FN [2023] NZDT 783 (18 December 2023) [pdf, 192 KB]

    ...arrangements he made with E Ltd. 15. E Ltd is therefore entitled to payment of full amount of the invoice of $1,167.00. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: S Simmonds Date: 18 December 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to appl...