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1. Brown v Brownlie - Pipituangi A Ahu Whenua Trust (2013) 36 Tairawhiti MB 78 (36 TRW 78) [pdf, 84 KB]

   ...2 October 2013 (Heard at Ruatoria) Judgment: 23 December 2013 RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX 36 Tairawhiti MB 79 Introduction [1] On 26 April 2013 Joanna Brown and Helen Renner filed an application to appoint Elizabeth Weusten and Michael Schultz as additional trustees for Pipituangi A Trust. [2] That application is opposed by several of the beneficiaries of the Trust on the basis that the additional trustees are fam...

2. [2015] NZSSAA 013, 13 March [pdf, 27 KB]

   ...of the Chief Executive upheld by a Benefits Review Committee to establish and seek recovery of an overpayment of Accommodation Supplement paid in respect of the period 29 August 2011 to 8 July 2012 amounting to $1,474.58. [2] The s 12K report filed by the Ministry outlines that the Chief Executive has now agreed to take no steps to recover the debt pursuant to s 86(1) of the Social Security Act 1964 as it applied at the time that the original decision was made. If the Ministry’s d...

3. ENVC Hearing 6Oct14 DM local Judy Johannessen [pdf, 23 KB]

   ...woman with mobility limitations. 5. I also have first-hand experience of being a commuter on the ferry service during storms and difficult weather. SCOPE OF EVIDENCE 6. I made a submission opposing the proposed marina at Matiatia and I then filed notice to join in these proceedings as a section 274 party. 7. Subsequently I agreed to become a section 274 party represented by Direction Matiatia Incorporated (DMI). I give this, my evidence, for DMI. 8. As far as possible I...

4. [2014] NZEmpC 210 Robinson v Pacific Seals Ltd oral judgement [pdf, 62 KB]

   ...through residency or inability to pay) and, if so, how the Court’s discretion should be exercised. [4] Mr Robinson is resident in New Zealand. It is the second threshold, inability to pay, which the defendant relies on. An affidavit has been filed in support of the application. Mr Wilton, the Managing Director of the defendant company, deposes that Mr Robinson will have incurred substantial legal costs in the proceeding and surmises that he will be unable to meet any costs ord...

5. Wellington Standards Committee v Tawhara [2012] NZLCDT 34 [pdf, 71 KB]

   ...did not appear, so the Tribunal, after confirming service of the Notice of Hearing on Ms Tawhara,1 proceeded to hear the charges by way of formal proof. This was based on matters contained in the affidavit of Ann Marie Rice dated 8 February 2012 filed with the Tribunal. That affidavit included an exhibit comprising a letter of admission and apology from Ms Tawhara. [3] Ms Tawhara was alleged to have taken the sum of $190 paid by a client of her employers for costs incurred by t...

6. [2015] NZEmpC 61 Maharajv Recon Professional Services Ltd interlocutory [pdf, 77 KB]

   ...application for security for costs BETWEEN ASHISH MAHARAJ Respondent/Plaintiff AND RECON PROFESSIONAL SERVICES LIMITED Applicant/Defendant Hearing: (on the papers by application made 20 March 2015 and submissions filed 12 April 2015) Counsel: J D Evans, counsel for the applicant/defendant G D Bennett, advocate for the respondent/plaintiff Judgment: 13 May 2015 INTERLOCUTORY JUDGMENT OF JUDGE A D FORD Introduction [1] Th...

7. Mayfair Street Units v Spargo [pdf, 83 KB]

   SUMMARY Case: Mayfair Street Units v Spargo File No: TRI 2009-101-000015 to 18/ DBH 05319, 05320, 05322 & 05326 Court: WHT Adjudicator: C Ruthe Date of Decision: 21 December 2009 Background This claim relates to two consolidated claims whereby the respondents involved in both claims are identical. This decision thereby considered issues of liability and apportionment together. The first claim relates to Unit 11 owned by Mr and Mrs Franklin which was for $255,049.09...

8. Khan v Singh [2011] NZWHT Auckland 60 [pdf, 57 KB]

   ...Khans also claimed general damages of $25,000, and interest but at hearing withdrew their claim for stigma damages of $26,000. This concession was appropriate as they had no evidence to support this claim. [4] Neither Mr Singh nor Mr Sneddon filed any response or evidence nor did they attend the hearing on 14 October 2011. I am satisfied that they were served notice of the hearing and have determined the claims against them on the basis of the available evidence.1...

9. Knight 4 December 2015 NZSHD 13 [pdf, 98 KB]

   ...members of the Nomads and Headhunters motorcycle clubs and that he on occasions he joins them for motorcycle rides and other events. However he does not consider this makes him an unsuitable person to hold a certificate. [3] With every objection filed by the Police the question for the Authority is whether the applicant is a fit and property person to hold a certificate.1 Therefore the key issues for me to decide are: • Is Mr Knight a prospect for the Nomads Chapter of the Hells...

10. Edinburgh v Scandrett [2016] NZREADT 29 [pdf, 120 KB]

    ...[14] The fact that the applicants have appealed our 28 January 2016 decision herein to the High Court at Dunedin is not a compelling reason for granting a stay. There is the time and expense factor in the second ground in the application for stay (filed by Mr G S Withnall QC as counsel for the appellants) which reads: “2. Giving effect to the Tribunal’s decision referring the whole case back to the Complaints Assessment Committee to formulate and lay charges before the Tribunal, and...