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1. 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...

2. [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...

3. 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...

4. Jones v Accident Compensation Corporation (Backdated Weekly Compensation) [2023] NZACC 117 [pdf, 205 KB]

   ...medical information. The Corporation sought further information from Mr Jones but did not receive any. [14] On 20 November 2017, the Corporation wrote to Mr Jones declining his application for weekly compensation. The Corporation noted that, if the requested information was provided, then the Corporation might be able to reassess backdated weekly compensation. [15] On 1 December 2017, Dr Hefford wrote to the Corporation providing medical information regarding Mr Jones’ treatmen...

5. [2010] NZEmpC 16 Aotearoa Coolstores Ltd V Waara [pdf, 18 KB]

   ...investigation meeting, he did not provide any written statements or submissions or documentary evidence at or before the investigation. These events were recorded in the Authority’s determination that ACL seeks to challenge. [5] I therefore requested a report from the Authority, under s 181(2) of the Employment Relations Act 2000 (“the Act”). That request required the Authority, under s 181(1)(a)-(b), to submit to the Court a written report giving the Authority’s assessmen...

6. Paterson v Whangarei District Council [2012] NZWHT Auckland 18 [pdf, 168 KB]

   ...Council to satisfy itself that the drainage and waterproofing associated with the retaining wall would be code compliant, and there is nothing on the Council file to show that the Council could satisfy itself of compliance. The Council could have requested a producer statement, or certificates, but it appears not to have done so. [72] The inadequate drainage gave rise to damage from internal leaks and to likely future damage. The Tribunal has concluded that the Council breac...

7. Butler v Accident Compensation Corporation (Personal Injury, Causation) [2023] NZACC 165 [pdf, 540 KB]

   ...Evidence ........................................................................................... [62] Initial Assessment .............................................................................................. [63] Accident Compensation Claim .......................................................................... [69] 2008 ................................................................................................................... [74] Corporation Telephone Record ......

8. WL v SE [2024] NZDT 160 (8 April 2024) [pdf, 207 KB]

   ...Family Violence Act, and includes threats of physical abuse, intimidation or harassment, damage to property, and financial or economic abuse. The definition of psychological abuse is wide and inclusive. It can be a single act or a number of acts that form a pattern of behaviour, even if the acts, viewed in isolation appear minor or trivial. The test for psychological abuse in relation to the granting of a protection order under the Family Violence Act is not an objective one, the Court mus...

9. N Ltd v KB [2024] NZDT 101 (26 February 2024) [pdf, 140 KB]

   ...purchased the vessel. The circumstances in which that damage occurred are unknown. 32. I accept that the “bow roller damage” theory is more persuasive than the “headline jumping out of the bow roller” theory. I do not have sufficient information to support a finding about whether the bow roller damage is more likely to have occurred if the vessel was grounded. However, I accept that there was a high risk of B grounding at the new mooring. b. Did N Ltd fail to exer...

10. Biester v Kingi - Te Ti B Part being Lot 17 DP 61631 (2025) 296 Taitokerau MB 177 (296 TTK 177) [pdf, 289 KB]

    ...18(1)(a) of the Act. It does not seek relief against cancellation of the lease pursuant to the Property Law Act. In that closing, Mr Tūpara makes an unusual submission that terminating the lease will leave Ms Biester homeless, which he says is a form of elder abuse. It is not clear how that relates to the applications filed or the relief sought. Despite that, the general tenor of Mr Tūpara’s closing submission is that: (a) the trustees failed to uphold their obligations to their...