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1. Abyaneh v Auckland City Council [pdf, 20 KB]

   ...determination regarding the subject dwelling was delivered on 22 July 2008 whereby the claimants were awarded the sum of $43,629.13 against the first, second, third and the fourth respondents. 2. This decision therefore deals with applications filed by the second respondent (Mr Asad Ali), first respondent (Auckland City Council), and the third respondent (Mr Said Haroun Ali) in that sequence, for an award of costs against the claimants. Legislation 3. Section 91(1)...

2. LCRO 101/2017 RF v QC [pdf, 85 KB]

   ...do the work. He says he will pay, but not in advance. Review Hearing [11] The parties attended a review hearing by telephone on 23 August 2017. Mr RF’s connection was terminated unexpectedly so he was offered, and took, the opportunity to file further submissions. Those were provided to Mr QC who did not respond. Nature and scope of review [12] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … t...

3. PAUP Residential Standards Yards/Fences/Walls [pdf, 152 KB]

   ...Council (the Council) on the proposed Auckland Unitary Plan, now the Auckland Unitary Plan (Operative in Part). [2] Ryman Healthcare Limited and the Retirement Village Association of New Zealand (Ryman/RVA) and Housing New Zealand Corporation (HNZ) filed appeals under s 156(1) of the LGATPA. [3] The appeals challenge the Council's decisions on the 'front, side, rear fences and walls' standards in the Auckland Unitary Plan (H3.6.12, H4.6.14, H5.6.15 and H6.6.16). S...

4. [2018] NZEnvC 004 P & S Aitchison and Wellington City Council v H & D Walmsley and Walmsley Enterprises Limited [pdf, 177 KB]

   ...DECISION BY HEATHER WALMSLEY and DAVID WALMSLEY BEING WALMSLEY ENTERPRISES LIMITED A: Application declined Introduction 2 REASONS [1] On 21 November 2017, Heather Walmsley, David Walmsley and Walmsley Enterprises Limited (the Walmsleys)1 filed a document described by them as an Application for Recall of the Decision of Judge Dwyer issued 22 January 2016. The document stated as follows: (1) We seek the recall, reconsideration and reissue, of the 22 January 2016 Judgement o...

5. MLC - Form 24 - Transmission by survivorship or determination of a life interest [pdf, 85 KB]

   ...the beneficiaries (remainderman) or the other party to a joint tenancy where the life/joint tenant has passed away, wishes to surrender their interests or the life tenant has remarried or entered into a civil union or de facto relationship. HOW TO FILE AND COMPLETE THIS APPLICATION FORM (i) This form must be accompanied with the appropriate application fee and may be filed at any office of the Court; (ii) Please ensure that all information required on the form is completed; (iii) Where...

6. [2016] NZEmpC 156 Khurana v Singh [pdf, 84 KB]

   ...There is no need to repeat those matters in this judgment, the purpose of which is to record a settlement reached between the parties as to disposal of the challenges. [3] A joint memorandum of counsel dated 10 November 2016 has now been filed. This records the proposed settlement of the challenges against the determination of a preliminary issue. The settlement will mean that the Authority, which has been standing by pending the outcome of the challenges, will now be able t...

7. Monschau v Bamber - Tahorakuri A No1 Sec 33A2 [2016] Māori Appellate Court MB 383 (2016 APPEAL 383) [pdf, 227 KB]

   ...reserved judgment of 29 June 2016 we found in favour of the appellants and directed them to file submissions as to costs. 1 Submissions were received from the appellants on 27 July 2016. The respondents, who are no longer legally represented, filed submissions in response dated 8 August 2016. [2] Counsel for the appellants seeks costs in the sum of $4.900.00 plus GST, giving a total of $5,635.00. Such an award represents 70 per cent of the total costs incurred by the appellants....

8. Sharma v Manchanda [2018] NZIACDT 9 (23 March 2018) [pdf, 133 KB]

   ...unlawfully and had limited options to request a visa, as generally a person who is in New Zealand without a current visa cannot apply for a visa; and [2.3] When the complaint was made, the Registrar required that Mr Manchanda provide a copy of his file, but he did not provide file notes that he later relied on. [3] The Tribunal determined that Mr Manchanda failed to take due care with the initial lodgement; and, as Mr Manchanda accepted, he failed to maintain the required standa...

9. [2018] NZLCDT 19 Auckland Standards Committee 2 v Name Suppressed [pdf, 92 KB]

   ...and contrasted with the situation in Hong, where the practitioner had, by the time of the appeal, complied with all of the outstanding Standards Committee orders. Submissions for the Practitioner [7] Mr Pidgeon noted that the practitioner has filed an appeal against the liability decision. Mr Pidgeon’s submissions were therefore largely directed towards name suppression. [8] Mr Pidgeon reminded us that the practitioner is an undischarged bankrupt and that she has an unblemish...

10. Chaudhary v Real Estate Agents Authority, Rajan & Devi [2018] NZREADT 2 [pdf, 213 KB]

    ...the appellant to call the respondents to examine this issue only. Mr Chaudhary should also be prepared to give oral evidence on this point and be cross-examined. Mr Gooch [18] The CAC relied heavily upon the evidence of Mr Gooch recorded in a file note of a telephone call on 30 January. This was months after the sale and after the mediated agreement. The note records that Mr Chaudhary agreed he had agreed to reduce the commission. Mr Chaudhary asserts that Mr Gooch misunderstood h...