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1. LCRO 235/2018 AB v CD (5 August 2020) [pdf, 149 KB]

   ...master franchisor, and [GH XX NZ Ltd], [EF] became indebted to [GH XX NZ]. [5] Mr CD acted for [GH XX NZ]. A statutory demand pursuant to s 289 of the Companies Act 1993 was prepared by Mr CD and served on [EF]. [6] Mr AB, acting for himself, filed an application to set the demand aside. Ultimately however, the application to set the demand aside was withdrawn by Mr AB and orders made by the Court for [EF] to pay [GH XX NZ] the sum of $47,291.27 by 20 July 2018. [7] [EF] was...

2. Judges Corner January 2021: SILNA [pdf, 159 KB]

   ...latter of which requires hearings to be held so evidence can be heard. An application form based on the existing form for successions has been modified for the purposes of SILNA determinations, and individual applications are linked to a central file to ensure consistency. Challenges At the time of the Ngāi Tahu settlement, the difficulty of identifying the successors to the original grantees of the SILNA blocks was underestimated. The Deed of Settlement did not specify a dead...

3. Beattie v Porirua City Council [2010] NZWHT Wellington 14 [pdf, 120 KB]

   ...to misrepresent that no water was entering the house. [13] Ms Donaldson appears to have failed to understand that this part of the claim had been abandoned, though it was clearly reiterated in Mr Beattie’s submissions at paras [7] to [9] filed prior to the hearing. The relevance of this point is that Ms Donaldson remained concerned that she was accused of acting fraudulently. This was not the case. Mr Beattie put it well at [22] that: Page | 5 ―Ms Donaldson ac...

4. Gill v Singh [2017] NZIACDT 5 (6 April 2017) [pdf, 82 KB]

   ...submissions) within 15 working days after the issue of this decision. [25.3] The Authority and the complainant may reply to any submissions made by the adviser and provide affidavits in reply to Mr Singh’s explanation within five working days of him filing and serving his submissions. DATED at WELLINGTON this 6 th day of April 2017 ___________________ G D Pearson Chair

5. CAC 20001 v Wallace [2016] NZREADT 66 [pdf, 92 KB]

   ...theft by a person in a special relationship. [10] Pursuant to s 47 of the Evidence Act 2006, proof that a person has been convicted of an offence is conclusive proof that the person has committed that offence. A certificate of conviction has been filed by counsel for the Committee. [11] The Tribunal is satisfied that no further adjournments should be granted and if Ms Wallace does not appear at the hearing, the hearing will proceed in her absence, by way of formal proof....

6. Advances in ADR Techniques in the New Zealand Environment Court a paper by Principal Environment Judge Newhook [pdf, 277 KB]

   ...service conducted by the Court’s Commissioners who are fully trained in the technique and very experienced. [4] Mediation is conducted very early in the life of most cases, and results in resolution of approximately 75 percent of all cases filed in the Court. [5] There are two extensive sections in our current Practice Note, which became operative at the end of 2014. The first is a section “Alternative Dispute Resolution”, and the second is a protocol annexed to the Pra...

7. Tautari - Estate of Wairua Hinerupe Fairburn (2019) 200 Taitokerau MB 1 (200 TTK 1) [pdf, 88 KB]

   ...attempting to pervert the course of justice that is relevant. [51] This Court performs an important supervisory function with respect to Māori land trusts and has extensive powers to discharge that function. Those powers include requiring a trustee to file a report, and to appear before the Court for questioning, on any matter concerning the administration of the trust. When exercising this power, the Court relies on the honesty and integrity of the trustee to assist the Court with ex...

8. Otago Standards Committee v Copland [2019] NZLCDT 29 [pdf, 156 KB]

   ...that and taken steps which are ongoing to address your personal issues. Nevertheless, your behaviour is completely unacceptable, for that you must be censured. A censure is more than mere words, it is a record that will always remain on your file and remind you and others that such behaviour will not be tolerated or go unmarked Mr Copland you are formally censured in these terms. 3. Mr Copland is to meet the Standards Committees costs in full. 4. The Tribunal costs Tribunal ar...

9. Youth Court FAQs for Professionals at Alert Level 3 - August 2020 [pdf, 91 KB]

   ...being triaged during Alert Level 3? Youth Court Judges are reviewing and prioritising cases to ensure that any outstanding matters requiring attention are addressed as quickly as possible. This review is being conducted using information on the file. Matters affecting the liberty of young people or regarding young people in custody will be heard before the Court as soon as possible. Q: Can I appear in person at a hearing during Alert Level 3? It is strongly recommended that...

10. Federated Farmers of New Zealand.pdf [PDF, 313 KB]

    ...been a significant change through Overseer version change. Federated Farmers considers that Table 1 ought to be amended to provide for the ability to update the nitrogen loss rates in Table 1 as Overseer version changes, such as a reference file approach, without the need to rely on future plan changes. Schedule C – Minimum farming standards Clause 6 The Appellant considers that total nitrogen outputs should form the basis for assessing on- farm losses rather than solel...