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1. [2023] NZEmpC 20 Henry v South Waikato Achievement Trust [pdf, 385 KB]

   ...[2011] NZEmpC 160, [2011] ERNZ 466 at [26]. 6 Section 103A(5). 7 A Ltd v H, above n 5; and Angus v Ports of Auckland Ltd (No 2), above n 5. [14] The Trust requested that an order be made that there be no publication of the names or information identifying the person in care, her support worker, or the employee alleged to have committed the assault. The person in care is now deceased. None of those persons gave evidence at the hearing. [15] I agree that it would not be...

2. Smith – Nikora Whānau Trust (2013) 2013 Chief Judge’s MB 302 (2013 CJ 302) [pdf, 109 KB]

   ...applicant becoming a beneficiary of the trust and not the applicant herself. Knowing that this would reduce their entitlement, the applicant contends that they would be unlikely to consent. Moreover the trustees have already rejected the applicant’s request to gift the applicant the 1/6 of land interests derived from Tawhiritoroa. [14] The applicant also submitted that there was no consideration by the Court to the effects of making such orders and statements, and as such the s...

3. Waitangi Tribunal Report on the Aotearoa Institute claim concerning Te Wānanga o Aotearoa [pdf, 748 KB]

   ...The wānanga was founded by a group of �isionary members of Ngāti Maniapoto, led by  Rongo Wetere, in an effort to impro�e the skills of their people . From small beginnings in  Te Awamutu in 1983, it was granted formal status as a TEI in 1993 . After lodging a Waitangi  Tribunal claim for  resources  from the Crown  in  1997  2  and reaching a deed of  settleme...

4. CL v HG [2024] NZDT 118 (7 March 2024) [pdf, 179 KB]

   ...together. 6. For an agreement to be enforceable there needs to be an intention to create a legally binding relationship. Partners, friends and colleagues make social arrangements, but it is unlikely they can be legally enforced unless the parties perform some act that demonstrates an intention that they will be bound by their promises. 7. When friends fail to keep their promises, the other person may suffer a financial consequence but it may be that they cannot be compensated fo...

5. IB v TT [2024] NZDT 588 (29 July 2024) [pdf, 172 KB]

   ...took place on 23 May 2021. Around four months later, the buyer noticed a leak in the lower-level garage during heavy rain through a hole in the concrete wall. She consulted plumbers but they could not provide a satisfactory solution. Eventually she formed the view that some wooden planks on the floor of the garage must have been installed to channel water out of the garage. She investigated further, and came to the conclusion that the seller had installed the planks and knew about the leak...

6. Adams & Anor v Easthope & Ors [2014] NZWHT Auckland 10 [pdf, 67 KB]

   ...since the Tribunal decision dated 2 March 2012. In addition Mr Sayles has not made any submissions or provided any other information to suggest that there should be a change to the quantum orders made back in 2012. Mr and Mrs Adams however request that the interest awarded be updated and calculated through to the date of this decision. Cost of remedial work [8] Following the experts’ conference convened prior to the initial hearing the Council and the claimants agreed that...

7. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [pdf, 159 KB]

   ...itself be provided with reasonable care and skill, even if there is no extra charge for that advice. Section 29 of the CGA provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. [11] Based on the evidence before me, TYY through its agent TY failed t...

8. Smitheram v Hanns [2010] NZWHT Wellington 24 [pdf, 483 KB]

   ...covered by the building wrap and is moisture stained. [63] There is moisture penetration through the LAM on the flat roof. The LAM is incomplete at the north end. [64] The west balcony has a ply substrate, LAM and tile finish. The balcony forms the roof of the living room. The internal gutter at the balcony is incomplete at the outer edge of the ply substrate and the transition through the balustrade towards the rain head. There is no drip edge and moisture is not preven...

9. Smith v ACC [2014] NZACA 3 [pdf, 82 KB]

   ...extensive experience and the fact that he holds an Honours degree in Law and will be admitted to the bar this year. I accept that this more than adequately justifies Mr Forster’s charge out rate, but unfortunately, in the absence of any objective information at all concerning the attendances and disbursements that make up the costs claimed on review and the inescapable impression that costs may not have been charged as yet for these three reviews and may indeed not be charged at all,...

10. Watson v Employers Mutual Limited (Strike-Out Application) [2020] NZHRRT 10 [pdf, 146 KB]

    ...DATE OF DECISION: 23 March 2020 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] Ms Watson was employed by the Capital and Coast District Health Board (CCDHB) as a nurse. In May 2012, while Ms Watson was still an employee, the CCDHB requested medical information about Ms Watson from Catalyst NZ Ltd (Catalyst). At that time Catalyst was managing ACC claims on behalf of the CCDHB, as part of the ACC Accredited Employers Programme. Ms Watson did not agree to Catalyst releasin...