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1. LCRO 213/2015 HY Trust v AK and GJ (21 Janaury 2019) [pdf, 286 KB]

   ...the Trust, that the Trust was no longer alleging issue estoppel against [Company A]. Pleadings — Fraud [12] At the commencement of the hearing, Mr GJ appearing for [Company A], sought leave to file a reply to the Trust's statement of defence to [Company A]'s counterclaim dated 13 May 2014. In the reply, he wished to assert that the process by which the covenant was obtained and entered on the title amounted to fraud for the purposes of s 62 of the Land Transfer Act, and...

2. L v Conquer [2015] NZIACDT 49 (12 May 2015) [pdf, 173 KB]

   ...when he was dealing with Immigration New Zealand. [6] The Tribunal has had to decide whether there are grounds for a rehearing. Mr Conquer’s application claimed he was unaware of what he submitted to the Tribunal and that he potentially had a defence to the complaint of dishonest and misleading behaviour. [7] The Tribunal has granted the application for a rehearing; and then considered Mr Conquer’s defence to the allegation of dishonest or misleading conduct. To do so the Tribunal h...

3. Auckland Standards Committee v van der Zanden [2014] NZLCDT 21 [pdf, 79 KB]

   ...home detention, but the response he then reported was that Mr Webby asked if he would agree to the amendment of the indictment to add three further charges. [23] It was Mr van der Zanden’s evidence that there was a connection between the two statements from which he drew the inference there would not be opposition to home detention. He accepts in his affidavit to the Tribunal that he made two errors in his affidavits to the Court of Appeal, firstly the September date and secondly...

4. Tomov v Auckland Council [2012] NZWHT Auckland 34 [pdf, 221 KB]

   ...14 General Damages ..................................................................................... 14 THE LIABILITY OF THE AUCKLAND COUNCIL ......................................... 15 Did the Council Receive and Rely on the PBS Producer Statement? ....... 17 THE LIABILITY OF MODERN HOMES DEVELOPMENT LIMITED ............ 19 THE LIABILITY OF MR ANDREW THOMAS, THE THIRD RESPONDENT 20 LIABILITY OF PBS DISTRIBUTORS LIMITED ............................................ 22 The Clai...

5. WHT - Chair's directions for lower value claims [pdf, 174 KB]

   ...video or audio tapes, or other evidence  a concise chronology of relevant events  applicants must state the points of claim (that is, details of the basis of the claim being made against each party).  respondents must state the points of defence (that is, details of the defence, and the reasons the claim is opposed). Weathertight Homes Tribunal Chair’s Directions for lower value claims page 4 of 5 7.3 Parties and witness statements must set out the whole of their ev...

6. WHT Claims under $20k - Chair's Directions [pdf, 174 KB]

   ...video or audio tapes, or other evidence  a concise chronology of relevant events  applicants must state the points of claim (that is, details of the basis of the claim being made against each party).  respondents must state the points of defence (that is, details of the defence, and the reasons the claim is opposed). Weathertight Homes Tribunal Chair’s Directions for lower value claims page 4 of 5 7.3 Parties and witness statements must set out the whole of their ev...

7. Regulatory Impact Statement Improving Case Management for Civil Cases in the High Court [pdf, 5.3 MB]

   Regulatory Impact Statement Improving Case Management for Civil Cases in the High Court Agency Disclosure Statement This Regulatory Impact Statement (RIS) has been prepared by the Ministry of Justice. The RIS provides an analysis of options to reduce delays and encourage efficient use of judicial resources during the management of civil cases in the High Court. Analysis in the RIS assumes case management is a beneficial process because courts need to manage cases to ensure resources...

8. [2019] NZEnvC 046 Upper Clutha Environmental Defence Society Incorporated v Queenstown Lakes District Council [pdf, 3 MB]

   ..."5 Dr Cossens also refers to another case in 3 4 5 Newhook, L, Principal Environment Judge, Effective involvement in a case in the Environment Court, a paper presented at workshop 'Effective RMA Participation' by Environmental Defence Society Inc, 2013 [31]- [34]. Scurr v Queenstown Lakes District Council C060/2005. Scurr, at [50]. 4 which he says the court treated Mr Haworth's long standing membership and office holdings with UCESI as meaning that perha...

9. Statutes-Amendment-Bill_FINAL.pdf [pdf, 1.4 MB]

   ...Business, Innovation and Minister for ACC Act 2001 Em12l0Yfilent Hon Matt Doocey 2. Anti-Money Minisg:y of Justice Associate Minister of Justice Laundering and Hon Nicole McKee Countering Financing of Terrorism Act 2009 3. Armed Forces Minisg:y of Defence Minister of Defence Discipline Act 1971 Hon Judith Collins KC 4. Births, Deaths, De12a1tment oflntemal Affairs Minister of Internal Affairs Marriages, and Hon Brooke van Velden Relationships Registration Act 2021 5. Building Ac...

10. Hill v Whimp [pdf, 158 KB]

    ...evidence if required); they deny liability on legal grounds. The Second Respondent has not taken part in the hearing but 12 in its formal Response (dated 22 April 2005) it relies on the Limitation Act 1950 and Building Act 1991 limitation defences. As stated above the Ninth Respondent effectively took no part in the proceedings. THE POSITION OF THE FIRST RESPONDENTS [39] The position of the First Respondents, outlined by Mr Wilson in his opening and expanded in his submissio...