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1. Abernethy v Coughlan [pdf, 29 KB]

   SUMMARY Case: Abernethy & Anor v Coughlan & Ors File No: TRI 2009-100-000022/ DBH 01666 Court: WHT Adjudicator: RM Carter Date of Decision: 26 August 2009 Background The claimants, Mr and Mrs Abernethy, own a townhouse that was built in 1994 and they purchased it in 2003. The house is suffering damage from leaks and needs to be reclad. The claimants therefore sought $334,846.10 from all respondents. Summary of Facts Mr Coughlan, Mr Humphrey and 2 other people,...

2. Dowsett v Paul A Crosswell Ltd [pdf, 25 KB]

   ...claimant negotiated with the builder in an attempt to remedy the defects. [10] In May 2006 the WHRS assessor appointed to this case, Haydon Miller, inspected the house. 1 Treated as a filing of proceedings for limitation purposes s 37. [11] Various leaks were found in the upper deck master bedroom doors, southern master bedroom window and the lounge window. [12] On 6 August 2006 the claimant asked the builder to...

3. 2017 NZSSAA 023 (24 May 2017) [pdf, 157 KB]

   ...Mr XXXX telling him that his payments had been reviewed because his circumstances had changed and the annual transport allowance was reduced from $84 to $21.14 per annum explained as follows:1 1 File note dated 18 April 2016 at p24, s 12K report. 3 Travel Disability of $84.00 pa has been removed as this is covered under Appeal amount of $7.00 pw. Travel Personal Health has been calculated Chemist 1.8km x 2 x 5 trips x .35...

4. 2017 NZSSAA 046 (15 August 2017) [pdf, 98 KB]

   ...entitled to recover overpayments of NZS paid to the appellant and his wife for the period 8 June 2009 to 25 August 2015. Payments have been made towards the overpayment. However if the parties cannot agree on 6 the sum payable they can file further submissions and directions will be issued accordingly. Dated at Wellington this 15th day of August 2017 ______________________________ S Pezaro Deputy chair _______________...

5. Bratton v Le Lievre - Muriwhenua Incorporation [2017] Māori Appellate Court MB 351 (2017 APPEAL 351) [pdf, 288 KB]

   ...DX DP92558 K Dixon/W Rihaka, Dixon & Co Lawyers, PO Box 10 081 2017 Māori Appellate Court MB 352 Introduction [1] This appeal was dismissed on 8 June 2017. Counsel were invited to exchange submissions on costs and these were filed on 8 August and 6 September 2017 respectively.1 [2] The appellant is legally aided.2 Pursuant to s 45(2) of the Legal Services Act 2011, costs cannot be awarded against the appellant unless there are ‘exceptional circumstances’. [3...

6. LCRO 22/2017 BM v YN (31 August 2017) [pdf, 136 KB]

   ...apologised to Mr BM. [11] In his letter of 13 September 2016, Mr D recorded that Mr BM had instructed Mr YN to reach settlement because he did not want to take his claim to a hearing. He referred to the total write-off on time recorded to the file as being $5,999, and confirmed that amount would not be billed to Mr BM. Mr D provided trust account records, and correspondence between Mr BM and Mr YN. He acknowledged that in the course of the mediation Mr YN had offered to reduce...

7. BORA Judicial Matters Bill [pdf, 309 KB]

   ..."proportionality" under s 5 NZBORA, it is to be noted that the degree to which the duty of confidentiality in clause 18 interferes with s 14 NZBORA is reduced by clause 19 of the Bill. Clause 19 requires the Commissioner to provide the relevant files to the Attorney-General, the independent prosecution counsel and the counsel representing the Judge, if a complaint progresses to the Judicial Conduct Panel. I also note that there is no prohibition on either a complainant or a judge...

8. LCRO 204/2017 CA and KB v MN [pdf, 102 KB]

   ...complainants’ brother’s position. Dr CA objects to Mr MN having proposed their father’s affairs might be better handled by the Public Trust. It is said Mr MN assisted their brother’s cause. [6] Dr CA objected to Mr MN having required her to file sworn evidence when the record keeping provisions of the PPPR did not require that of her. She believes she complied with the relevant section, and appears to resent any suggestion she may have taken a wrong turn at any point. [7...

9. Hickmott - Torere Section 11 (2010) 17 Waiariki MB 35 (17 WAR 35) [pdf, 50 KB]

   ...trustees: • Bettina Taumau Maxwell • James William Maxwell 17 Waiariki MB 36 • Joe Honatana • Nohopukepuke Delamere • Tama Herewini Application [3] This case concerns an initial application for an occupation order filed on 28 July 2008 by Brenda Hickmott with her husband Graeme Hickmott of 27B Te Waiti Road, Torere. The applicant sought an area of 1511 square metres. She is an owner in the block with 0.11917 shares out of a total of 199.767 shares....

10. PD v JL LCRO 26/2015 (22 June 2016) [pdf, 38 KB]

    ...sent by one of his brothers before the will was executed in December 2006. He also expressed concerns about Mr JL not having enforced the terms of the Deed. Standards Committee [6] The Committee considered Mr PD’s complaint, and an affidavit filed by Mr JL in the Family Court proceeding. Mr JL’s response acknowledged that there were minor errors in the will. However, he says those concerns were resolved by the sons having executed the Deed, and were not of the same kind or subst...