Search Results

1. Tank Trust v Auckland Council [2013] NZWHT Auckland 20 [pdf, 107 KB]

   ...Council inspector during the course of its inspections; and/or e) would not have been identified by a reasonable Council inspector in the course of its inspections. [15] The claim did not settle at mediation and on 4 December 2012 the Council filed its final response to the claim. In this final response the Council removed the clear denial of liability in the pre-mediation response and replaced it with a statement that it will “not dispute the existence of any defects that...

2. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 38 [pdf, 76 KB]

   ...conference on 19 April 2012. On 26 July 2012, two working days prior to the reconvened hearing, Mr Holyoake attempted to file briefs of evidence from three new witnesses, Dr Adrian Spears, Paul Probett and Mark Hazlehurst. In addition he filed a supplementary brief of evidence by Alan Light. [10] Dr Spears’ evidence is primarily on the condition of the framing and is based upon eight samples of drilling he has reviewed. Mr Probett’s evidence is expressed to be “stri...

3. Harris v ACC [2013] NZACA 16 [pdf, 35 KB]

   ...mental consequences under s 2 of the Accident Compensation Act 1982, which he treated as equivalent to a mental injury under s 27 of the 2001 Act and gave the right of appeal to the District Court when he dismissed the application. [3] Mr Harris filed a notice of appeal in the Accident Compensation Appeal Authority because the decision concerned an accident for which he had cover under the 1982 Act, and he sought cover for chronic pain and depression as a mental consequence of his 19...

4. MBL v Shadforth [2016] NZIACDT 31 (16 June 2016) [pdf, 100 KB]

   ...Timetable [31] The Tribunal will commence hearing any evidence and submissions regarding sanctions at 10:00 am on 19 July 2016 in Christchurch at a place the Case Manager will identify in a notice of hearing. [32] Ms Shadforth is required to file and serve any material she wishes to present at the hearing by 5:00 pm on 11 July 2016; alternatively, she may file an application to defer the hearing, supported by an affidavit from a registered doctor no later than that time. [33] Other...

5. BB v WT & Ors LCRO 55/2015 (9 October 2015) [pdf, 63 KB]

   ...1 Email BB to NZLS (7 January 2015). 3 • A Committee may elect to take no further action on a complaint, if there is, in the circumstances, an appropriate remedy or right of appeal. Application for Review [8] Mr BB filed his application to review the decision of the Standards Committee [City A] on 26 March 2015. He submits that: • His complaint about a paragraph (clause 16) in the Standards Committee [City B] decision was not a reviewable matter in te...

6. Monschau - Tahorakuri No.1 Section 33 A2 (2018) 189 Waiariki MB 117 (189 WAR 117) [pdf, 298 KB]

   ...$6,865.25 for costs resulting from proceedings in the Māori Appellate Court. [2] The current trustees are Shane Monschau, Harry Te Ngaru and Aaron Bamber.1 [3] To date, the trust has not received any payment from the Bambers. The trustees have now filed an application to transmit the relevant orders to the District Court for enforcement. In addition, they also seek the removal of Aaron Bamber (who is the son of Kathleen and Bruce Bamber), as a trustee. The trustees have also app...

7. Taka - Koparakore A32 A2 B3B (2016) 55 Takitimu 134 (55 TKT 134) [pdf, 327 KB]

   ...Judgment: 8 December 2016 JUDGMENT OF JUDGE L R HARVEY Introduction [1] Daniel Taka seeks an occupation order over 1,000 square metres of Koparakore A32 A2 B3B for a period of 80 years. Mr Taka’s request is one of three similar applications filed this year. During the course of hearing those applications similar matters have been raised concerning access and the purported allocation of what might be described as “whānau occupation areas”. [2] A site inspection was c...

8. Shihaku v Mizoguchi [2017] NZIACDT 7 (19 June 2017) [pdf, 172 KB]

   ...features of the Tribunal’s process has been (since its inception) that the Registrar has steadfastly taken the view that she has neither the power nor the duty to prosecute any complaints before the Tribunal. In her view, the extent of her role is to file the particulars of a complaint, together with supporting evidence. She does in some cases cross-examine witnesses and present evidence at an oral hearing. The Registrar does, it appears, accept that she has a responsibility to ensu...

9. Apostolakis v Attorney-General No. 1 (Strike-Out Application) [2017] NZHRRT 52 [pdf, 182 KB]

   ...DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM1 INTRODUCTION The original statement of claim [1] Mrs Apostolakis has been involved in a number of proceedings before the Family Court and High Court. In the present proceedings (filed 17 November 2015) brought before the Tribunal under Part 2 of the Human Rights Act 1993 it was originally alleged a court official employed by the Ministry of Justice in the Family Court discriminated against Mrs Apostolakis in the course o...

10. [2018] NZEmpC 81 Wood v NZ Cupolex Ltd [pdf, 285 KB]

    ...the Authority, NZCL has taken no steps with regard to the present challenge. An affidavit of service of the statement of claim has been placed before the Court, confirming that the company was served on 16 May 2018. No statement of defence was filed within the time limit provided for in the Employment Court Regulations 2000 (the Regulations), and the matter was accordingly set down for formal proof.3 [5] As is normal in such instances, affidavit evidence has been filed,4 and Mr Wo...