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1. AE v ZV [2014] NZDT 559 (9 June 2014) [pdf, 32 KB]

   ...awarded in Tribunal proceedings (Disputes Tribunals Act 1988 s 43), parties to a contract can agree to include provision for costs in their contract. Costs could include the cost of seeking legal advice and taking time off work as well as the filing fee. Comparison of agreed damages with potential loss [19] The agreed sum would be a penalty if it were extravagant and unconscionable in amount in comparison with the greatest loss that could possibly follow from the breach. However...

2. M v C LCRO 62 / 2009 (28 May 2009) [pdf, 18 KB]

   ...“prescribed fee” (which is $30). The application did not contain the contact details of the applicant. Other than reasons for seeking a review it contained only the name of the applicant (Client M) and the reference numbers of the Law Society file. After some communications (which are discussed below) a full application on the prescribed form and with the prescribed fee was received by this office on 18 May 2009. Status of 21 April letter [6] I first consider the status o...

3. 2017 NZSSAA 015 (20 Aprill 2017) [pdf, 96 KB]

   ...Accommodation Supplement was incorrect in any respect. [13] Leave is reserved for the Ministry to apply for an order that Mr XXXX pay all or part of the costs of the appeal. Timetable [14] The Ministry may within 10 working days of this decision file and serve a memorandum indicating whether it seeks costs, the amount of the costs, 6 and a schedule and any supporting evidence to establish the amount of the costs claimed. [15] Mr XXXX will have a further five working...

4. 2017 NZSSAA 043 (26 July 2017) [pdf, 91 KB]

   ...the Ministry on his behalf that he had left the country but she did not do so. He said in evidence that he asked her to do this after he had left because he had not done it himself. [12] Mr XXXX’s evidence is contradicted by an email on the file that he wrote to the Ministry on 20 November 2015. In this e-mail he states that he had contacted his ex-wife, XXXX, who confirmed that she did contact the Ministry to notify it that he would be sailing in the Mediterranean from Gibralta...

5. Taranaki Standards Committee v Flitcroft [2010] NZLCDT 36 [pdf, 176 KB]

   ...albeit noting that he has taken responsibility for his actions and deserves a further chance as a practitioner. Costs [18] Costs are sought by the Standards Committee in the sum of $24,117.50. In respect of these costs submissions are to be filed by the practitioner by 15 December. 7 [19] The hearing costs of the Tribunal are fixed at $6,600. Pursuant to s.257 there will be an order that the New Zealand Law Society is to reimburse the Crown for the costs of the hearing i...

6. Tamaki - Paremata Mokau A7A1 (Mokau Marae) (2017) 163 Taitokerau MB 256 (163 TTK 256) [pdf, 268 KB]

   ...hearing was held on 6 December 2017 to consider the remaining issues as noted above. The day before the hearing, Adrianne sent an email to the Registrar advising she could not attend due to illness. Adrianne did not seek an adjournment, did not file any written submissions, and did not arrange for someone to appear on her behalf. [5] I am satisfied Adrianne had sufficient notice of the hearing and the issues being determined. Though she did not appear, I proceed to determine th...

7. Deputy Registar - Kohatutaka 6A4E (2010) 12 Taitokerau MB 171 (12 TTK 171) [pdf, 92 KB]

   ...Rountree, Paihia Howard, Aratahuna Rameka and Waaka Nene Rountree transferred the land as trustees “in terms of the Methodist Model Deed of New Zealand 1887” to themselves absolutely by way of gift. [14] In preparing the present application file, the Case Manager expressed concerned that this memorandum of transfer was registered when the four named trustees were not the same as the six trustees registered on the title. I discussed this briefly with Reverend Williamson at the h...

8. DML v Montgomery (Costs) [2014] NZHRRT 18 [pdf, 48 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF THE PLAINTIFF, OF THE THREE SEX WORKERS AND OF THE RECEPTIONIST WHO GAVE EVIDENCE (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 18 Reference No. HRRT 018/2011 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN DML PLAINTIFF AND AARON MONTGOMERY FIRST DEFENDANT...

9. ZYX v NorthAble Disability Services (Strike-Out Application) [2014] NZHRRT 30 [pdf, 47 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAMES, ADDRESS OR IDENTIFYING PARTICULARS OF THE PLAINTIFFS AND OF THEIR CHILDREN (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 30 Reference No. HRRT 008/2014 UNDER SECTION 51 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN ZYX PLAINTIFFS AND NORTHABLE DISABILITY SERVICES FI...

10. [2016] NZSSAA 059 (16 June 2016) [pdf, 36 KB]

    ...appellant’s entitlement to benefit. On 29 January 2015, the appellant was sent a letter which advised: We refer to our letter dated 29 November 2014 which advised we would be taking no further action with your case however upon further review of your file and income earned we have determined a reassessment of past entitlements was necessary. The letter proceeded to set out eight employers the appellant had received income from and advised the appellant of an overpayment of $10,03...