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...order made by the tribunal was limited to $60 compensation to be paid to the purchaser 3 1. Summary of Applications received (nationally) during the year: Applications Applications Y/E 30/6/13 Y/E 30/6/12 Total number of disputes filed during the year 216 220 Plus Disputes carried over from previous year ❖ Auckland Adjudicator 25 17 ❖ Wellington Adjudicator 8 9 TOTAL 249 246 2. Summary of Applications dispos...
...July 2005. I reserved my judgment and I have been awaiting an associated roadway application to be completed by another Judge before giving this judgment. I am concerned however at the time that has passed since July 2005 and having reviewed the file, believe it is kinder to let the applicant have my decision now. [7] When the matter was called, Ms Mills did not appear with legal representation but had with her Mr John Neal. Mr John Neal has some experience in Maori Land Court mat...
...determination, counsel for the Applicant will now need to amend his client's application. He is given 14 days within which to so do. That being the case, some enlargement of the timetable may be necessary. I invite counsel to liaise with a view to filing a joint memorandum if possible on how they wish to proceed further in light of this decision. In the meantime the judicial conference set down for 27 November 2003 will remain but only as a chambers teleconference to advise as to pro...
...pursued an argument or a claim that lacks merit. Mr Braun submits that this case falls into that category. Analysis [3] It is first necessary to deal with the plaintiff’s submission that he won and that he is entitled to costs. The plaintiff filed a challenge to the Employment Relations Authority’s determination.4 The Authority had ordered penalties of $10,000 against the plaintiff, which were to be paid to Mr Ford. I formally set the Authority’s determination aside....
...that he advised that unconsented work was continuing on the boat shed, despite the High Court quashing the resource consent for both the boat shed and the helicopter activity. The Court had made directions requiring the Council and the Dukes to file a memorandum in response, and this was received in accordance with the directions. Mr Coleman confirmed that he had also received a copy of these memoranda. [2] It also transpired that Mr Brabant, who has now received instructions for the...
...rubbish on ABC’s land and warning him that if further rubbish was dumped there, ABC may seek to recover the costs of removal and remediation from Mr JB. Mr JB, who says he did not dump the rubbish, objected to Ms QE’s conduct towards him, and filed a complaint to New Zealand Law Society (NZLS) accordingly. [3] The Committee rejected Mr JB’s concerns and determined his complaint on the basis that further action was not necessary or appropriate. Mr JB disagrees and 2 tak...
...comment on a procedural matter. I am aware that the notice of appeal and s 116 application were lodged in the Auckland Registry. As clause 19 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003 makes clear, the Registry for filing proceedings is Christchurch. Notwithstanding the 'AKL' court reference, the proceeding has been transferred to the Christchurch Registry and all future correspondence is to be directed to this registry. [4J Second, I would...
...horrific behaviour shown by some lawyers and judges .Bad temper , impatience , psychological abuse ,disregard for dyslexics and intimidatory behaviour are regularly on display I have witnessed a judge slam acourt door in a rage and another one throw a file so hard along a court bench that it broke open scrambling papers . The technology of closed circuit TV recording of hearings would surely put an end to this badness.Tape recordings have been used sometimes but I have witnessed judges say...
SUMMARY Case: McGregor v Jensen File No: TRI 2008-100-000094/ DBH 00971 Court: WHT Chair of Tribunal: PA McConnell Date of Decision: 24 July 2009 Background Due to defects in the construction of the house, damage ensued. The remedial work included a complete reclad however further work is still required to repair leaks associated with masonry block retaining walls. The claimants (Trust) alleged that the third respondent, Auckland City Council, the eighth respondent, Mr...
...application for recusal BETWEEN CAROLINE SAWYER Plaintiff AND THE VICE-CHANCELLOR OF VICTORIA UNIVERSITY OF WELLINGTON Defendant EMPC 144/2017 IN THE MATTER OF an application for leave to extend time to file a challenge to a determination of the Employment Relations Authority BETWEEN CAROLINE SAWYER Applicant AND THE VICE-CHANCELLOR OF VICTORIA UNIVERSITY OF WELLINGTON Respondent Hearing: On th...