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1. SV v WT LCRO 21/2013 (26 August 2014) [pdf, 110 KB]

   ...brothers’ evident frustrations at the review hearing were based in part on the difficulties they had experienced in communicating effectively with this Office. [109] On balance I have decided not to order Mr SV to contribute to the costs of review. [110] Mr SV should note, however, that he runs the risk of an adverse costs order resulting from any future review application he may pursue, that is found to be an abuse of any aspect of the complaints and disciplinary process under th...

2. Philpott v Zderich [2011] NZWHT Auckland 16 [pdf, 176 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-100-000076 [2011] NZWHT AUCKLAND 16 BETWEEN JANICE LINLEY PHILPOTT Claimant AND PAUL GREGORY ZDERICH (Removed) First Respondent AND TRUDI MAREE MCRAE (Removed) Second Respondent AND MICHAEL JONES Third Respondent AND DAVID IAN RYAN and DAVID JAMES FERRIS Fourth Respondents AND IAN CHARLES BUTT and BUTT DESIGN LIMITED (Struck Off) (Removed) Fifth Respondents AND WHANGAREI DISTRICT COUNCI

3. McDonald v Peters [2012] NZWHT Auckland 39 [pdf, 215 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-101-000025 [2012] NZWHT AUCKLAND 39 BETWEEN GREGORY JOHN McDONALD Claimant AND TIMOTHY EDWARD PETERS First Respondent AND BUILDING APPROVALS AND SOLUTIONS LIMITED Second Respondent AND MIKE HISLOP Third Respondent AND NEILL BROWN Fourth Respondent AND CARLTON RICHARDS Fifth Respondent AND NELSON CITY COUNCIL (Removed) Sixth Respondent AND GRAEME SCOTT (Removed) Seventh Respondent AND PHILIP

4. Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C Tamaki 2A2A Balance [2013] Māori Appellate Court MB 105 (2013 APPEAL 105) [pdf, 265 KB]

   ...think fit with power from time to time as and when they think proper so to do to apply the reserve fund or any part or parts thereof: 8 104 Napier MB 135 (104 NA 135) Maori Appellate Court MB 110 (i) As income arising in the then current year, (ii) In making good losses arising in any year or years in respect of any business carried on by them. (iii) In reducing or paying off any secured or unsecured debts owing by the Tru...

5. Naera v Fenwick - Whakapoungakau 24 Tikitere Trust [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) [pdf, 194 KB]

   ...the basis of land for land value for value and then effected by Court Order or in settlement of a proposed 6 Naera v Fenwick – Whakapoungakau 24 block (2010) 15 Waiariki MB 279 (15 WAR 279) at [110]. 2011 Maori Appellate Court MB 322 acquisition pursuant to the Public Works Act or similar statutory authority or by partition as hereinafter provided. (bold-face emphasis added) [18] Clause 3(b) then provides a range of spe...

6. Youth Court - Playing to win: youth offenders out of court (and sometimes in) [pdf, 241 KB]

   ...1 J Wundersitz “Juvenile Justice in Australia: Towards the New Millennium” in D Chappell and J Wilson (eds) Crime and the Criminal Justice System in Australia: 2000 and Beyond (Butterworths, Sydney, 2000) at 110. 2 Morris and Maxwell Juvenile Justice in New Zealand: A New Paradigm (Victoria University of Wellington, Wellington, 1990). 3 Nessa Lynch Youth Justice in New Zealand Thomson Reuters, Wellington, (2012) at 13. 4 In New Zealand, the Yo

7. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

   ...The claimant is defined as the person who applies to the chief executive to have an assessor‟s report prepared and Mr O‟Connor was the person who applied for the assessor‟s report. The other parties supported the application. BNZ [110] On the 18 November 2010, the week before the hearing, BNZ wrote to all the respondents and advised that it was the mortgagee for the dwelling and as part of the mortgage agreement the claimant had assigned to BNZ “all monies which be...

8. Wakelin and Anor as Trustees for the Get In & Walk Trust v Taupo Texture Coatings Limited [2011] NZWHT Auckland 43 [pdf, 206 KB]

   ...the claimants were contributory negligent have no merit. Ill advised or unwise decisions do not necessarily amount to contributory negligence and in any event, any contributory negligence must be causal and operative of the damage.8 [110] In my view, the claimants, in difficult circumstances, acted reasonably. Their conduct did not fall below the standard reasonably expected of persons in their position, namely homeowners with no building experience or training. TO...

9. LCRO 38-2015 PF v MF [pdf, 222 KB]

   ...intervene when problems arise. [109] The discovery issue was raised by Mr PF as part of his complaint against Ms GG in March 2014. As indicated, the documents were delivered by the trust’s lawyers to Ms GG’s instructing solicitor, in July 2014. [110] I agree with the Committee’s conclusion that Ms GG acted appropriately in relation to the trustees’ discovery obligations and that the delays were beyond her immediate control. 20 Conclusion [111] In relation to the...

10. LCRO 124-2014 SM v TK [pdf, 236 KB]

    ...written submissions (though the point was not advanced by her at hearing) argued that exercising a lien did not amount to her accepting the passport as a security. I disagree. The passport was being held as a security for payment of fees. [110] Adopting the reasoning in Xu, Ms SM may argue that s 33(2) is not inconsistent with the reasoning adopted in Xu. Xu does not purport to stand for authority that a lawyer’s right to exercise a lien over a passport can prevail over the in...