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1. Guidelines: Family Law section best practice [pdf, 415 KB]

   ...parties) may be prepared to accept a written statement being admitted into evidence by consent. However care needs to be taken to inform schools that any evidence proffered may be the subject of cross-examination. In the event that evidence has been filed it is important that counsel for the child take responsibility for adequately briefing and preparing the witness. It is both discourteous and inappropriate to assume that such witnesses will be comfortable attending Court without such...

2. Wellington Standards Committee v Hall [2012] NZLCDT 7 [pdf, 117 KB]

   ...opportunity to cross- examine any of the witnesses relied upon by the Society. Those witnesses included: 13.1 A substantial affidavit from Ms Ann Rice (Legal Standards Officer), Ms Rice’s affidavit provided copies of correspondence and the enquiry file; 6 13.2 Mr Topia Rameka was appointed in November 2010 by the Maori Land Court to be a trustee in Tauhara 15, he is a beneficial owner in Tauhara 15 and Tauhara Middle 4A 2A; and 13.3 Mr Tony Jensen, a director in the Taupo...

3. Domb v REAA Registrar [2014] NZREADT 5 [pdf, 150 KB]

   ...wider than a licensee’s recorded criminal convictions. He was told that without the information sought, the Registrar may not have all the sufficient evidence to establish that the applicant was a “fit and proper person”. He was invited to file an unaltered consent form before the Registrar considered the decision, but refused to. The licensing administrator informed the applicant that his application would be processed on the limited consent form provided by him. [23] The ap...

4. KW v LX LCRO 209/2012 (27 August 2014) [pdf, 74 KB]

   ...complaint is based on a costs order of the Court. Notwithstanding that the costs sought by the [District Council] may have reflected the fees it had paid to the Practitioner, it is difficult to see any basis on which the Applicant had standing to file a complaint under s 132(2) against a lawyer concerning charges to its client. [96] On the other hand, in JG v RS, another Legal Complaints Review Officer notes the view expressed by Judge Cunningham in a related District Court proceedin...

5. Body Corporate 85927, 38 Roxborough St v Wellington City Council [2010] NZWHT Wellington 12 [pdf, 203 KB]

   ...evidence I conclude the contract was with Mr Stevens personally. 23. Concerning the work undertaken Mr Stevens says that he only did the concept drawings and not those that were completed for the purposes of obtaining a building consent and filed with the Council. He says those drawings that were produced were undertaken by Mr Haywood. Mr Haywood was an employee. Mr Stevens had a responsibility to supervise Mr Haywood‟s work. Mr Stevens was ultimately responsible....

6. Huang v Auckland Council [2012] NZWHT Auckland 26 [pdf, 135 KB]

   ...Huang’s request he called for the Council inspections over the period October 2000 to February 2001. [11] The claimants purchased the house in 2008 for $740,000. They did not obtain a pre-purchase inspection report. In November 2010 they filed a claim with DBH. [12] In his report of 31 January 2011 the accessor, Mr Warren Nevill, recorded that there was widespread cracking within the stucco cladding. He concluded that the dwelling, of complex and high risk design, ha...

7. IPT Annual Report 2014 [pdf, 3.7 MB]

   ...favourably with the last interim report (403 decisions released in the six months to 31 December 2012). The Backlog Project On 1 July 2013, a project was introduced, the overriding objective of the first stage of which was to clear the residence files on hand (then over 600). The first stage continued until 28 February 2014, when a comprehensive review determined priorities and practice for the ensuing period. The first stage comprised three components: a. the residence backlog team...

8. 2017 NZSSAA 026 (12 June 2017) [pdf, 155 KB]

   ...accountant employed by the Ministry, Derek Hananeia, a technical officer with the Ministry’s Fraud Intervention Services Unit, and George Barbara, an investigator employed by the Ministry’s Fraud Intervention Services Unit. [26] The Ministry filed a brief of evidence from Ms XXXX and summoned her to give evidence however she did not appear. Evidence of Brian McMillan [27] Mr McMillan said that Switch Accounting prepared accounts for XXXX, Mr XXXX personally, and Mr XXXX trad...

9. [2016] NZSSAA 100 (24 November 2016) [pdf, 208 KB]

   ...payments are not capital. (e) Payments have often been accompanied by what is in fact a winter fuel payment, ie a payment to assist with heating costs in winter. This is an income-related cost. (f) The inference to be drawn from the affidavit filed by the appellant is that he uses the payments for income-related purposes. (g) There is no evidence to suggest the payments are paid or used to produce further wealth to invest. (h) The Trust receives payments from the government eac...

10. Liddle v Standing [2012] NZIACDT 52 (30 August 2012) [pdf, 124 KB]

    ...dated 22 November 2011, addressed to the Authority. This letter is written in the context of multiple independent complaints to the Authority. The letter states: “Living New Zealand Limited is now in liquidation and as such, I no longer hold the files for [the Liddles]. I can however conclusively state that in each complaint, there was no dishonesty, breach of the code of conduct or any other matter that I would be concerned about. As previously mentioned within other complaints,...