Search Results

1. [2018] NZEmpC 34 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 300 KB]

   ...APPLICATION BY THE PLAINTIFF SEEKING REMOVAL OF RESTRICTIONS IN RESPECT OF DISCOVERED DOCUMENTS AND INSPECTION OF DOCUMENTS 4) AN APPLICATION BY THE PLAINTIFF SEEKING PROVISION OF MEMORY-STICK FROM NON-PARTIES AND REMOVAL OF RESTRICTIONS ON USE OF INFORMATION 5) AN APPLICATION BY DEFENDANT FOR ORDER GRANTING SECURITY FOR COSTS Introduction [1] This judgment deals with a series of further interlocutory applications filed by the parties in these proceedings. The fac...

2. HI v UT [2025] NZDT 211 (5 May 2025) [pdf, 167 KB]

   ...elects not to have the wardrobe returned, then UT is to pay HI the sum of $3,300.00 on or before 30 May 2025. Reasons 1. In April 2024, HI purchased [address] from UT for $950,000. HI attended two open homes and also received a property information pack which included a pre inspection report dated 26 March 2024 which had been ordered on behalf of UT by his real estate agent. 2. The issues to resolve the claim are: a. Was the wardrobe a chattel or a fixture? b. Did UT...

3. BORA Ngāti Whātua Ōrākei Claims Settlement Bill [pdf, 289 KB]

   ...consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act [6]. Exclusion of remedy of compensation/civil liability 9. Clause 24(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under Part 2 of the Bill. Clause 82 excludes various categories of civil liability that may otherwise arise from the dissolution of the two existing...

4. Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 Manu Ariki Marae [2013] Māori Appellate Court 561 (2013 APPEAL 561) [pdf, 284 KB]

   ...charisma. He established a community on his land north of Taumarunui, which came to be known as Manu Ariki. This is where he practised his faith and healing ministry, established the Manu Ariki Marae and carried on a farming operation. The Society, formed in 1961, was the legal body associated with the Manu Ariki community. [7] Manu Ariki comprises several blocks of land. We are only concerned with Rangitoto Tuhua 55B Sec 1B comprising 61.6336 hectares (“55B1B”),3 and Rangitoto...

5. [2010] NZEmpC 152 Smith v Life To The Max Horowhenua Trust [pdf, 52 KB]

   ...person without a referral, and where previously Ms Smith’s attention had been drawn to the requirements to work within the policies and procedures working with clients. (5) Insubordination by not providing performance appraisal information as requested. This referred to the repeated requests to meet and return a performance appraisal form. [16] A week later, on 2 April 2009, Ms Smith made her accusations of abuse and bullying in general terms. [17] A disciplinary meeting took...

6. Stanley & Anor as trustees of the Lucy Stanley Family Trust v North Shore City Council [2011] NZWHT Auckland 20 [pdf, 194 KB]

   ...flashings inspections with EIFS cladding, or LAM application inspections, as it relied on certificates from the approved applicators. The defects with this house it submits were picked up on the final inspection or alternatively certificates were requested. The Council notes the failed final inspection recorded 19 items that needed to be addressed before a CCC could be issued and these included certificates from the cladding installer and the LAM applicator. [58] The standa...

7. [2011] NZEmpC 21 Maddern v Worldxchange Communications Ltd [pdf, 154 KB]

   ...Verbal Warning 26 September 2008: Second Verbal Warning 13 November 2008: First Written Warning 13 Jan 2009: Second Written Warning 4 February 2009: Third Written Warning [5] The Authority concluded that Mr Maddern had been given informal and formal counselling in ways to improve his performance and that he had received appropriate advice and feedback. It concluded that WorldxChange had acted as a fair and reasonable employer would have done in the same circumstances a...

8. [2019] NZEmpC 57 Cornish Truck & Van Ltd v Gildenhuys [pdf, 235 KB]

   ...documents, together with compiling an index and 5 Xtreme Dining Ltd t/a Think Steel v Dewar [2017] NZEmpC 10 at [32]. providing copies. He also said that Mr Gildenhuys had to respond to a request from Cornish Trucks regarding further documentation. In his original claim, Mr Gildenhuys had sought a further day for preparation of the common bundle but concedes that two days in total, covering both the list of documents on dis...

9. Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Bill [pdf, 1.3 MB]

   ...consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.4 Whether s 27(3) at issue 9. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring ci...

10. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

    ...with him “on a number of occasions”. 1 KL v [JJ] Holdings Ltd [2015] NZHC [xxxx]. 2 KL v [JJ] Holdings Ltd [2015] NZHC [xxxx] 3 KL v [JJ] Holdings Ltd, above n 1, at [28]. 3 [13] She requested “appropriate orders” against Mr CD and a review of the legal fees he charged her. (1) Instructions to present a counteroffer [14] Ms AB claimed that, having received the vendors’ 6 October 2015 offer to sell the property t...