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  1. Auckland City Council as Assignee v Russell [pdf, 126 KB]

    Claim No: 1240 Under the Weathertight Homes Resolution Services Act 2002 In the matter of an adjudication claim Between Auckland City Council (as assignee) Claimant And Mark Brian Russell Respondent Partial Determination 21 September 2005 1. Index Para No Heading Page 1. Index 1 2. Summary of Determination 1 3. Adjudication Claim 2 4. The Hearing 4 5. The Present Claim 5 6. Leaks, Damage and Repairs 6 7. General Damages 7 8. Present Cla

  2. [2017] NZEmpC 152 Performance Cleaners v Chinan [pdf, 546 KB]

    ...[8] The statement of claim goes on to allege “Wrongful Diversion of funds” by Ms Chinan in multiple respects. Finally, the company alleges Ms Chinan had obtained unauthorised use and access to the company’s confidential information. The pleading has been supplemented by a memorandum of further and better particulars. [9] Performance Cleaners seeks a full hearing of the entire matter that was heard by the Authority, that is a hearing de novo. [10] All these claims are re...

  3. Taueki - Horowhenua X1B41 North A3A and 3B1 (2008) 16 Aotea Appellate MB 30 (16 WGAP 30) [pdf, 10 MB]

    ...To pass a Special Resolution to sell an area ofland containing 17.8011 hectares of bare land situatedat Lindsay Road Levin. Legal description: Horowhenua XIB41 North A3A and 3Bl BLK XIII Mt Robinson Survey District. Title reference: WN 18C/141 I (please print name) of Being a member ofHANITA INCORPORATION 16 Whanganui Appellate Court MS 33 Hereby appoint Or failing hirnlher . As my proxy to vote for me on my behalf at the Special Meeting for the Proprietors of Hanita Incorporation...

  4. Victim-led alternative resolution pathways [pdf, 1.6 MB]

    ...situation resolved and move on with their lives. • Victims tend also to crave information and answers, to help them process what has happened to them; again, current processes can conspire to ‘keep them in the dark’, such as when guilty pleas are entered and no trial occurs, or when offenders exercise the right to remain silent (Bolitho, 2015). • Validation and the need to be believed is important for victims, but the adversarial process of court hearings is widely underst...

  5. Director of Human Rights Proceedings v Netsafe Inc [2022] NZHRRT 15 (Removal of Certain Redactions After Appeal Period) [pdf, 511 KB]

    1 (1) PERMANENT ORDERS PROHIBITING PUBLICATION OF NAME, ADDRESS AND IDENTIFYING PARTICULARS OF THE AGGRIEVED INDIVIDUALS AND EVIDENCE GIVEN BY MR COCKER AT PARAGRAPH 7 OF HIS WITNESS STATEMENT DATED 18 JUNE 2019 (2) PERMANENT ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 15 I TE TARAIPIUNARA MANA TANGATA Reference No. HRRT 040/2018 UNDER

  6. [2016] NZEmpC 42 ITE v ALA [pdf, 233 KB]

    ...plaintiff’s ongoing obligations of confidence and included expanded undertakings of confidentiality in relation to matters arising from the employment investigation. [4] The plaintiff subsequently appeared in the District Court and entered a plea of not guilty on the criminal charges. The charges were subsequently withdrawn by leave on 4 February 2015. [5] It is apparent that by this stage the plaintiff felt very aggrieved. He decided to prepare a video in which he set out his...

  7. Kauikia-Stevens v Trustees of the Rangitatau 1D5A1 Block (2014) 318 Aotea MB 217 (318 AOT 217) [pdf, 267 KB]

    ...and abusive conduct of other marae trustees and beneficiaries to the point where the Police have been called to the marae on numerous occasions. Despite repeated requests to the trustees to intervene the applicant says that they have ignored his pleas and by such inaction have implicitly approved of the threatening and violent behaviour. For these reasons he says the trustees must be removed. [4] The trustees deny the allegations. They say that the applicant and his whānau have no...

  8. Davies v Trustees of Te Tii Waitangi B3 Ahu Whenua Trust - Te Tii Waitangi B3 Trust [2015] Māori Appellate Court MB 611 (2015 APPEAL 611) [pdf, 397 KB]

    ...purporting to make an order it is the clear duty of the Appellate Court to annul that order. This principle is set out in Halsbury's Laws of England, 4the.d. Vol.10 at p. 325, para 717 viz "It is the duty of an Appellate Court to entertain a plea as to jurisdiction at any stage, even if the point was not raised in the Court below" - and at p. 326, para 718: "Where, by reason of any limitation imposed by Statute, charter or commission, a Court is without jurisdiction...

  9. McDonald v Accident Compensation Corporation [2015] NZACA 14 [pdf, 207 KB]

    ...investigate the pain. He had suffered agonising pain and mental anguish for over two years without the stump revision. This would not have occurred if the ends of the tibia and fibula had been bevelled. The spike would have been removed, if his plea for help had been taken seriously. [65] The Corporation again declined cover on 8 February 2001. The claim being considered was not described, but it appears to be the amputation surgery. The Corporation said that the adverse conse...

  10. LCRO 33/2016 GW v AX (27 June 2018) [pdf, 292 KB]

    ...and Ms YN in September 2015 do not make happy reading. Even when INZ had demanded surrender of the passport for deportation purposes Ms YN emailed Ms TK “inviting” full payment of the [SGS] bill. Three days later, having rejected Ms TK’s pleas to return the passport to her, Ms YN emailed “As you can appreciate we are a business” and invited a settlement offer. There is no sign here of consideration of whether ethical issues might trump “business”. [96] A driver’...