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1. Lee v Whangarei District Council & Ors [2013] NZWHT Auckland 5 [pdf, 154 KB]

   ...Limited ................................................................................................ 7 Ms Lee’s counterclaim against Rob Littlejohn Builders Limited............................... 9 What is the subject matter of Ms Lee’s claim filed with the Tribunal? ...................... 10 Should I terminate the claim pursuant to section 109? ............................................ 13 Abuse of process .........................................................................

2. Holden —Nga Taonga Tuturu (2010) 245 Aotea MB 230 (245 AOT 230) [pdf, 134 KB]

   ...discovered by Ruby Woodward during excavations of the foundations to a residential house on Te Rauparaha Street, Waikanae in 1998. The Ministry confirms that it was deposited with Te Papa Tongarewa in July 2007. [6] More recently the Ministry filed an application A20090006346 concerning a waka fragment and drilled pumice float unearthed during archaeological monitoring of a sub division known as Tasman Lakes in Atiawa Road, Pekapeka on 26 February 2007. [7] The Ministry having sati...

3. Herewini - Torere Pa 16 [2016] Chief Judges MB 34 (2016 CJ 34) [pdf, 403 KB]

   ...2013 at 2013 Chief Judge's MB 642-653 (Heard at Rotorua) Judgment: 01 February 2016 DECISION OF CHIEF JUDGE W W ISAAC 2016 Chief Judge’s MB 35 Introduction [1] This application filed by the late Hatu Whakamamaeroa Charles Herewini seeks to amend orders dated 11 March 1955 at 33 Opotiki MB 193-194 regarding Partition Orders to the land known as Torere Pa 1B. [2] The applicant claimed that he has been adversely affe...

4. RM v LN LCRO 106 / 2011 (2 October 2012) [pdf, 121 KB]

   ...Conveyancers Act (Conduct and Client Care Rules) 2008. 2 Background [3] LN instructed RM and his firm to act on her behalf to seek compensation for drainage problems encountered with her new property. [4] The day to day carriage of the file was undertaken by RO, a solicitor in the firm, with RM acting in a supervisory role. [5] Both RM and RO had contact with LN in connection with the file and although the Standards Committee determination (and consequently this review) r...

5. Varela v Devi [2014] NZIACDT 30 (19 March 2014) [pdf, 163 KB]

   ...account given by the complainant and upheld the complaint. The Tribunal’s finding is that the adviser failed to perform her duties and allowed an unlicensed person to unlawfully carry out her responsibilities. The complaint [4] The Registrar filed a Statement of Complaint with the Tribunal; it sets out the facts alleged in support of the complaint and information gathered by the Registrar. [5] The background to the narrative is that the complainant and a person, who is not a licensed...

6. Heng v Yap [2014] NZIACDT 65 (28 May 2014) [pdf, 175 KB]

   ...adviser was negligent and incompetent as he did not properly evaluate the complainant’s immigration prospects, and his delivery of services through unlicensed staff breached his professional duties. The Statement of Complaint [10] The Registrar filed a statement of complaint. It says the complainant lodged the complaint on wider grounds, but the Registrar identified material that supports the following grounds of complaint: [10.1] The adviser was negligent and/or incompetent (sectio...

7. [2018] NZEnvC 052 Queenstown Airport Corporation Limited [pdf, 3.3 MB]

   ...Ltd v Queenstown Airport Corporation Ltd [2017] NZHC 2962. 12 Remarkables Park Ltd v Queenstown Airport Corporation Ltd [2018J NZHC 269. 7 [25] The appeal was set down to be heard in the High Court on 4 December 2017. On 22 November 2017 RPL filed three applications. First, an application to the Environment Court for rehearing; second an application to adjourn the High Court hearing pending the Environment Court's decision on the rehearing application ; and finally, an inte...

8. Fear v The Real Estate Agents Authority (CAC 411) NZREADT 17 [pdf, 259 KB]

   ...consider that a $6,000 fine or 60% of the maximum fine is appropriate, allowing for [Mr Fear’s] previous unblemished record and the order refunding part of the commission to [Mr and Mrs Sutton]”.7 Second appeal to the Tribunal [18] Mr Fear filed an Notice of Appeal, dated 31 August 2017. The points of his appeal related to both the substantive decision and the second penalty decision. Insofar as it related to the substantive decision, Mr Fear’s appeal was out of time, as...

9. [2018] NZEnvC 038 Adams v Auckland Council [pdf, 534 KB]

   ...4.8.2.2(d)(iii) and 5.2.2.2(c)(iii) being amended to read "variations in building form and/or fac;:ade". (Emphasis added.) B: Further, the Council is to amend its plan in accordance with Annexure B hereto in accordance with consent documents filed by Ryman Healthcare, Housing New Zealand Corporation, Knox Homes Trust Board, and K Vernon and the Council on 24 November 2017. That consent order was held in Court pending the finalisation for this appeal. C: Accordingly, all...

10. Rata – Pakanae 2W1B (2016) 125 Taitokerau MB 17 (125 TTK 17) [pdf, 214 KB]

    ...case there is clear evidence that Mrs Harris sold the house to Mrs Belcher. [31] I have not been provided with a copy of the agreement for sale and purchase concerning the transaction. However, related documents concerning the sale have been filed. Letters from Geoffrey Joyce confirm that Mr Joyce was the solicitor acting for Mrs Belcher in the sale and that the transaction settled on 19 May 1998. [32] The applicant has also filed a copy of a letter from HCNZ dated 19 May 1998...