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1. Practice Note: Hague Convention cases - mediation process [pdf, 32 KB]

   PRACTICE NOTE: HAGUE CONVENTION CASES: MEDIATION PROCESS – REMOVAL, RETENTION AND ACCESS 1 FILING OF APPLICATION 1.1 Upon the filing of the application in the Court, it shall be referred without delay to a Judge to consider the issue of mediation. 2 CONSIDERATION OF MEDIATION 2.1 Unless the Central Authority has advised the Court that the left behind and taking parents are attempting a resolution by way of mediation, counsel instructed for the Central Authority shall advise th...

2. Tan v MSD (Referral back to Human Rights Commission) [2015] NZHRRT 56 [pdf, 50 KB]

   ...Devine for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 23 December 2015 DECISION OF TRIBUNAL REFERRING COMPLAINT BACK TO HUMAN RIGHTS COMMISSION AND RELATED ORDERS1 Introduction [1] By statement of claim filed on 14 October 2015 Mr Tan complains of the decision by the Ministry of Social Development (MSD) to the effect that payments made to him under the New Zealand Superannuation and Retirement Income Act 2001 must be reduced by the amount Mr T...

3. [2016] NZEmpC 76 Harlow v Western Property Management Ltd [pdf, 79 KB]

   ...made and today’s date. As a result of the great assistance that I have had from learned counsel in this matter, the matter has continued on so that the freezing order has been able to subsist up until now. There have also been helpful memoranda filed by the liquidators of Western Property Management Ltd (in liquidation), which is the first respondent in the proceedings before the Court. In the most recent memorandum from the liquidators, they have reiterated their previou...

4. KV v TE LCRO 39/12 (15 June 2015) [pdf, 66 KB]

   ...matters and on appeal. Mr KV was convicted and sentenced to a lengthy term of imprisonment. The appeal was unsuccessful. Mr KV says he expressed dissatisfaction to Mr TE about his conduct of the trial and requested copies of information from his file after his appeal. He says Mr TE did not provide him with any information either when his matters were current, or when he later requested it. [3] Mr KV says he also requested information about the $28,000 of fees he paid to Mr TE....

5. Heaslip - The Estate of Wilhelmina Floate or Wilhelmina Fisher or Wilhelmina Newton (2005) 110 South Island MB 110 (110 SI 110) [pdf, 1002 KB]

   ...M Wainwright, Judge Claire Mason, Clerk of the Court 9 February 2005 A 19990005454 A19990005455 A19990005458 Wilhelmina Floate (or Fisher or Newton) 118/93 3 November 2004 Theona Mina Heaslip RESERVED DECISION Theona Heaslip has filed an application seeking an order vesting the interests of James Newton, Charles Newton and Robert Hart in her mother Wilhelmina Fisher. Background On 22 July 1996, Glyn Newton made an application under section 45 of Te Ture Whenua Maori...

6. [2017] NZEnvC 118 Horowhenua DC v Manawatu Wanganui Regional Council [pdf, 187 KB]

   ...at Wellington Date of Decision: 9 August 2017 Date of Issue: 9 August 2017 COSTS DECISION OF THE ENVIRONMENT COURT A: Costs applications declined REASONS Introduction [1] On 9 March 2016 Horowhenua District Council (the District Council) filed an appeal to the Court against a decision of Manawatu-Wanganui Regional Council (the Regional Council) declining an application by the District Council for the proceedings 2 [3] On 13 July 2016 the District Council withdrew its a...

7. [2019] NZEnvC 024 CSF Trustees v Queenstown Lakes District Council [pdf, 1.1 MB]

   ...CSF TRUSTEES l TO v QlDC - PROCEDURAL DECISION 2 Introduction [1] On 2 November 2018 Mrs S R F Knowles applied under section 279(4) of the Resource Management Act 1991 ("RMA") for an order striking out the whole of the appeal filed by CSF Trustees Limited ("CSF") on the basis that CSF had not filed a submission on the Proposed District Plan ("the PDP") and did not seek to succeed any person who had. That application is supported by the Queenstown...

8. [2018] NZEmpC 142 Noble v Ballooning Canterbury.com Ltd [pdf, 220 KB]

   ...fixed, and that his provisional view was that the appropriate classification according to the Court’s Guideline Scale is Category 2, Band B. He said BCL could apply for costs to be fixed if agreement on costs was unable to be reached. [2] BCL filed a memorandum seeking costs of $6,467 but before it could be considered, Mr Goldstein, counsel for Mr Noble, advised the Court that reference was 1 Noble v Ballooning Canterbury.com Ltd...

9. ZD v K Ltd [2021] NZDT 1611 (10 August 2021) [pdf, 181 KB]

   ...K Ltd has repudiated the contract between the parties. By selling the vehicle to someone else and refusing to refund the deposit, K Ltd made it clear that it did not intend to perform its obligations under the contract. 12. ZD’s subsequent filing of a claim with the Tribunal seeking damages for K Ltd’s breach of contract amounts to a cancellation of the contract for the purposes of section 33 of the CCLA. What amount, if any, is K Ltd required to pay ZD? 13. Where a con...

10. CZ v DU [2022] NZDT 23 (2 March 2022) [pdf, 202 KB]

    ...the company. 3. The issue to be determined is whether the claim is barred by the Limitation Act 2010 (the Act). 4. Section 11(1) of the Act provides that it is a defence to a money claim if the defendant proves that the date on which the claim is filed is at least 6 years after the date of the act or omission on which the claim is based. The relevant omission here would be failure to pay each invoice on the original due date. 5. All the disputed invoices were issued before August 201...