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1. Lomax v Apatu – Awarua o Hinemanu Trust (2013) 22 Takitimu MB 282 (22 TKT 282) [pdf, 137 KB]

   ...the trustees, the Trust has not held a general meeting of beneficial owners for at least six years. In addition, annual accounts for the 2011, 2012 and 2013 financial years have not been filed. The case for Ngahapeparatuae Lomax [16] Mr Lomax claimed that Ashley Apatu had approached him several years ago with a request that his son Wilson Apatu be permitted to occupy the Hinemanu Hut. Mr Lomax further says that he and the trustees had some sympathy for Mr Apatu because his son had...

2. Sheleg v Accident Compensation Corporation (Cover for Mental Injury) [2025] NZACC 106 (3 July 2025) [pdf, 208 KB]

   ...2025 Held at: Auckland/Tāmaki Makaurau Appearances: The Appellant is self-represented F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 3 July 2025 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for mental injury - s 21B, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 27 September 2024. The Reviewer dismissed an application for review of the Corporation...

3. Burns v Argon Construction Ltd [pdf, 19 KB]

   ...limitation on 28 August 2007. This hearing was adjourned as a result of the claimants delay in complying with timetable orders and a new hearing date was set for 10 October 2007. [20] On 3 September 2007 the first and second respondents requested that the claim proceed to mediation before the Tribunal determined the question of limitation. [21] Once Argon and the Council consented to proceed to mediation the claimants were justified in pursuing their claim. Even if, a...

4. LCRO 78/2017 UT v HB (26 June 2019) [pdf, 346 KB]

   ...1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 2 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 7 (b) Did those obligations and duties include the duty for Mr HB to follow up his 2 December 2009 letter to Mr JWS requesting Mr JWS to confirm those instructions? If so, did Mr HB fulfil that duty? Wills Act 2007, s 14 application (c) Did Mr HB tell Ms UT at their 21 January 2010 meeting that he would “look into” making a section 14 application to...

5. LCRO 158/2018 YCH v TSR (30 September 2020) [pdf, 396 KB]

   ...response was filed in this Office on 14 September 2018 by her advocate, Ms MNH. Ms TSR says whilst she supports the Committee’s decision, she is disappointed the Committee did not order a refund of her and Ms BSR’s legal costs incurred as requested in their complaint.10 Hearing [56] The parties attended (by teleconference) a review hearing in Auckland on 15 September 2020. Nature and scope of review [57] The nature and scope of a review have been discussed by the High Court...

6. Singh v McKee [2024] NZHRRT 3 [pdf, 259 KB]

   ...by Mr McKee’s late father and from 2017 was owned by Mr McKee. 1 [This decision is to be cited as Singh v McKee [2024] NZHRRT 3.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 3 I TE TARAIPIUNARA MANA TANGATA 2 [2] Mr Singh claims that during his employment, Mr McKee subjected him to racial harassment in breach of s 63 of the Human Rights Act 1993 (HRA) as he commented on and made fun of his Indian accent, made belittling remarks about Indians and objected to hi...

7. Te Awe Awe v Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4 (2016) 354 Aotea MB 213 (354 AOT 213) [pdf, 301 KB]

   ...Manawatu B4A Reservation and Rangitikei-Manawatu B4 Part (Rangiotu School) Reservation seek the removal of Brigitte Te Awe Awe-Bevan as a trustee. They say that she has not attended trustee meetings for two years, has failed to comply with trustee requests for information, has displayed a lack of cooperation and participation and has failed to perform her role as secretary and treasurer in a satisfactory manner. [2] Ms Te Awe Awe-Bevan denies the allegations. She says that she has...

8. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 1 [pdf, 283 KB]

   ...framing below. [40] The parapet is not constructed as shown on the consented plans. Those plans showed the parapet being clad on sides and top with solid plaster on wire mesh. The top has a five degree back slope and the feature band is formed as part of the solid plaster cladding. [41] Metal cap flashings were installed to these surfaces, I assume in response to concerns about water entry. They are not shown on the consented plans, although were noted by the Council...

9. DN v SC [2024] NZDT 202 (19 March 2024) [pdf, 204 KB]

   ...first size shoe requested by her. She accepts the shop assistant did not put on the second size shoe for DN but says she asked DN questions about the fit of the shoe. CI0301_CIV_DCDT_Order Page 2 of 5 5. The shoes in question are a pair of formal heeled shoes. They simply slip onto the foot with no fastenings. In these circumstances, there is really no fitting service required from a shop. I find that it is immaterial whether DN had to put the shoe on herself rather than it being...

10. [2012] NZEmpC 187 Kilgour v Queens High School Board of Trustees [pdf, 133 KB]

    ...NZEI until January 2009. [6] At the time of the review Mr Kilgour did not turn his mind to what conditions governed his employment. He said in his evidence during the Authority investigation meeting that because of the nature of the role he performed he did not have breaks with other staff and, on reflection, he could see that he was out of the loop on many staff-related issues. [7] Mr Kilgour's last known employment agreement at the time of the review of his hours was an in...