Search Results

1. DH & MX v SL [2024] NZDT 287 (30 March 2024) [pdf, 109 KB]

   ...the boundary fence is reinstated to the same condition that it was prior to the work being done. Therefore, this part of the claim must also be dismissed. Referee: Nicholas Blake Date: 30 March 2024 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 apply for a reh...

2. TM & YM v K Ltd [2024] NZDT 608 (6 June 2024) [pdf, 138 KB]

   ...applicants now have an inferior product installed in their home- over the lifetime of the kitchen at 10 years this equates to $4.10 per day, which I consider reasonable. Referee: T Prowse Date: 6 June 2024 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 apply for...

3. [2014] NZEmpC 152 Davis v Commissioner of Police [pdf, 177 KB]

   ...and the Inspector had decided, following further inquiries, that there was simply no evidence to show that the Senior Constable had abused his position in relation to the cell incidents. The inquiry was not to be taken further. Mr Davis was informed of this at a meeting on 3 September 2009. He reacted badly, telling the Senior Sergeant that he was wrong and accusing him and the Inspector of sweeping the matter under the carpet and conducting a cover-up. He indicated that he no l...

4. HJ v IK LCRO 127/2015 (19 February 2016) [pdf, 128 KB]

   ...comments made in correspondence that implied she had “deliberately filed a false affidavit and … had lied to and misled the Court through the evidence [she] prepared and that [she] was lying to [the solicitor] concerning the existence of information on [her clients’] previous lawyer’s file, and that [she] was claiming privilege improperly”. 1 Standards Committee determination 12 May 2015 at [16]. 2 Lawyers and Conveyancers...

5. [2023] NZEmpC 153 Joyce v Ultimate Siteworks Ltd [pdf, 213 KB]

   ...of the second amended statement of claim. [27] The application for a partial strike out fails. Ultimate Siteworks seeks disclosure of certain documents [28] Ultimate Siteworks served Mr Joyce with a notice requiring disclosure. That notice requested copies of documents including bank statements, correspondence between Mr Joyce and various prospective employers, mobile phone records between Mr Joyce and prospective employers, records relating to Mr Joyce’s earnings during the...

6. Trustees of the JS & AJ Hamilton Family Trust v Complaints Assessment Committee 403, Amelia (Margaret) Reeve, Fleur Allinson & Kim Franklin [2017] NZREADT 54 [pdf, 229 KB]

   ...unconditional (through their solicitors) on 29 February. The trustees’ solicitors advised the Agency of the confirmation on 1 March. On 3 March, Ms Reeve emailed a “Multi-offer disclosure/Real Estate Agents Authority Guide Acknowledgement form” (“the multi-offer form”) to the trustees, with a request that they sign it and return to her. [8] Both the trustees and the second purchasers asserted their right to complete the purchase. We will refer to the asserted rights to...

7. Civil Enforcement Form - 208 Filing a financial statement of judgment debtor individual [pdf, 336 KB]

   MOJ208/04/23 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 13 INDIVIDUAL When should I use this form? This form lets the judgment creditor find out more about a judgment debtor’s ability to pay a judgment debt. It also lets the judgment debtor provide information so that a financial assessment can be completed without a hearing being required. Use this form if all the following apply: • you are either the judgment credit...

8. Chalecki v ACC [2012] NZACA 16 [pdf, 67 KB]

   ...sought was for the allowance to be paid to the appellant as at the date of incapacity. Mr McCarthy also asked for copies of relevant documentation. [16] Unfortunately, the entire evidence for the appeal comprises the documents referred to above, the forms supporting the original RE assessment, the applications for review, all, apart from one of the applications for review, being filed by the appellant. [17] Despite being obliged under s 108(4) to provide copies of all relevant docu...

9. DM v H Ltd [2024] NZDT 872 (10 December 2024) [pdf, 149 KB]

   ...adequate fence - that would obviously not be a tenable situation. 15. The above factors lead me then to consider whether the boundary fence that existed prior to H Ltd’s removal of it would have been considered ‘adequate’. I have little information about its age or condition (although I think it was generally accepted that it was by no means new), but based on photographs provided by both parties, I consider that its mixed nature, being comprised of varying materials (including c...

10. FI v CC [2025] NZDT 105 (12 February 2025) [pdf, 208 KB]

    ...exercise reasonable care and skill of a professional appropriate to his professional status or that the final outcome produced was not reasonably fit for purpose. I say this for reasons which include: a. There were no concerns expressed about the form and function of the veneers, and I also accept the evidence from the specialist Prosthodontist Dr X, who reviewed the clinical photos taken before and after, that the restorations have been done to a good standard. b. I gave greater w...