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1. Newbury & Ors [2011] NZWHT Auckland 3 [pdf, 91 KB]

   ...accepting that the house is a leaky home, both the assessor and the Chief Executive of the Department of Building and Housing have concluded that the claim is not an eligible claim because the house was built more than ten years before the claim was filed. The claimants have applied for reconsideration of the Chief Executive’s decision under section 49 of the Weathertight Homes Resolution Services Act 2006 (the Act). The Issues [2] The key issues to be determined in this...

2. Brown v The Real Estate Agents Authority (CAC 413) and Slicker [2018] NZREADT 68 [pdf, 174 KB]

   ...as was the hearing date. The hearing date was initially set for 2 October 2018, but amended to 1 October. Ms Brown confirmed that 1 October was “OK for me” in an email to the Tribunal on 20 August. [13] The timetable required Ms Brown to file submissions on the appeal by 4 September. This was later extended to 11 September, at Ms Brown’s request. No submissions were received by 11 September. On 21 September, Ms Brown advised the Tribunal that “I have no more submissio...

3. [2021] NZEmpC 104 Oliver v Biggs [pdf, 216 KB]

   ...sequester property of the defendant, fine him, or impose a term of imprisonment for up to three months. [6] I interpolate that these sanctions apply to a party who has breached a compliance order. [7] On 20 December 2019, a statement of defence was filed by counsel then acting for the defendant, in which it was pleaded that the defendant was not a person against whom the Court could exercise powers under s 140(6) of the Act. 2 Employment Court Regulations 2000, reg 6(2). 3...

4. [2023] NZEmpC 22 MGK Homes Ltd v Yoon [pdf, 179 KB]

   ...considerable pressure, irrespective of whether payment is made to Ms Yoon or into Court. 2 At [86] and [87]. 3 Yoon v MGK Homes Ltd [2022] NZERA 515 at [25] (Member Blick). 4 The costs determination was issued after the application for a stay was filed, but was expected. [8] Mr Kang provides documents in respect of a residential property in Welcome Bay, Tauranga that is owned by MGK. He includes a valuation report carried out in January 2022 that assessed the marke...

5. Easthope v Accident Compensation Corporation (Claims Process) [2024] NZACC 087 [pdf, 160 KB]

   ...found no breaches of the Code of ACC Claimants’ Rights (“the Code”). 2 Background [2] On 17 May 1986, Mr Easthope suffered an accident. On 23 March 1989, he lodged a claim with the Corporation. There followed various physical file and electronic methods for the Corporation to manage client information, and by 2007 these were managed on a central electronic system which is still used. Mr Easthope’s electronic file states that the physical file status is “dest...

6. HBG v AJ Ltd [2024] NZDT 501 (13 June 2024) [pdf, 193 KB]

   ...photographs. AJ Ltd has consulted the overseas manufacturer and considers the damage has been caused by HBG overtightening the fastening straps. 7. HBG claims $223.99, being the $178.99 he paid to purchase the bag plus shipping, and the $45 Tribunal filing fee. Issues 8. The issues for the Tribunal to determine are: (a) Whether the cargo bag was not of acceptable quality; (b) Whether HBG entitled to a refund of the purchase price and cost of shipping. If so, what happens to t...

7. Family Court applications December 2023 [xlsx, 186 KB]

   ...through the court process. Therefore, this data may differ to data reported elsewhere with a different extraction date. These tables were extracted on 28 February 2024. Contents: Table 1a: Number and percentage of substantive Family Court applications filed, by case type, 2014 - 2023 Table 1b: Number and percentage of substantive Family Court applications filed, by case type and application outcome, 2014 - 2023 Table 1c: Number of substantive Family Court applications filed, by case type...

8. Family Court applications June 2023 [xlsx, 186 KB]

   ...through the court process. Therefore, this data may differ to data reported elsewhere with a different extraction date. These tables were extracted on 25 August 2023. Contents: Table 1a: Number and percentage of substantive Family Court applications filed, by case type, 2013/2014 - 2022/2023 Table 1b: Number and percentage of substantive Family Court applications filed, by case type and application outcome, 2013/2014 - 2022/2023 Table 1c: Number of substantive Family Court applications fi...

9. Te Purei - Rahui A12D (2012) 25 Tairawhiti MB 272 (25 TRW 272) [pdf, 122 KB]

   ...hearing only to find that proceedings had already concluded and orders had been made. However, two of the trustees spoke to the applicant immediately after the hearing and explained the orders which had been made. [10] On 1 June 2012 the applicant filed this application for rehearing approximately 7 months outside the statutory time limit set out in s 43 of the Act. Issues to determine [11] There are two key issues before the Court. The first is whether the application for rehe...

10. Harawira - Te Tii A Māori Reservation (Waitangi Marae) (2018) 173 Taitokerau MB 245 (173 TTK 245) [pdf, 287 KB]

    ...143 Taitokerau MB 117 (143 TTK 117). 3 165 Taitokerau MB 237-256 (165 TTK 237-256). 173 Taitokerau MB 247 support the application and raise further issues they say should be inquired into. After hearing from all parties, I directed the filing of further evidence which has now been received. How I approach this application [6] This Court has jurisdiction to conduct an inquiry into the administration of a reservation per reg 21 of the Māori Reservation Regulations 1994. Re...