Search Results

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

   ...accept that there is considerable force to the views expressed by Mr Nevill, a very experienced and highly regarded assessor. There is also support for those views in the general findings of the Hunn report and the jurisprudence of the Court of Appeal in the Sunset Terraces litigation.1 [23] I also note that in 1996, the BRANZ Good Stucco Practice Guide referred to “stucco failures” in the following manner;- “2.3 Stucco Failures” “2.3.1 Unfortunately, failures...

2. TN v LR LCRO 42/2013 (14 April 2016) [pdf, 77 KB]

   ...Winkelmann J provided helpful guidance on the nature and scope of an LCRO review. She described the review framework in the Act as creating “a very particular statutory process”.2 [27] Her Honour noted that the power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reachi...

3. PGP & QGP v FS LCRO 143/2014 (27 August 2015) [pdf, 72 KB]

   ...lodge a claim against Mr JS in the Disputes Tribunal. That claim was unsuccessful. Mr and Mrs GP consider that the decision delivered by the Disputes Tribunal was manifestly wrong, but advise that they did not have the financial resources to appeal the decision. Their attention then turned to Mr FS’s involvement in the transaction. [22] The complaints process established under pt 7 of the Lawyers and Conveyancers Act 2006 is a statutory regime which governs the process by which...

4. Justice Matters - issue 04 - September 2016 [pdf, 7 MB]

   ...in how New Zealanders interact with the courts. For example, we’ve reduced by 22% the average age of active District Court criminal category 1 cases (for example, matters subject to a fine) and by 33% the average age of active High Court civil appeal cases. Our customers are mainly interested in when their case will be resolved so with this in mind, we’ve modified our targets to give people certainty and predictability by setting benchmarks for disposal times for around 50 differe...

5. [2017] NZEmpC 27 Dent v Waikato DHB [pdf, 192 KB]

   ...pertains to a letter Ms Dent wrote to Deryl Penju[i]li dated 13 December 2010 (not 13 March 2013 as recorded in the Minute). She confirms the grievance is about bullying by Eileen MacGowan since October 2007. That grievance is the subject of an appeal currently before the Employment Court. It does not require leave or removal. 3 Dent v The Waikato District Health Board [2016] NZERA Auckland 356. Wage Arrears [5]...

6. Cooper - Estate of Reihana Kopa (2016) 131 Taitokerau MB 285 (131 TTK 285) [pdf, 224 KB]

   ...confirms that Māori customary adoptions made after the introduction of the Native Land Act 1909 have no legal effect beyond the recognition afforded by Te Ture Whenua Māori Act 1993. 3.11 This position has been recently confirmed in two Court of Appeal decisions. In Whittaker v Māori Land Court of New Zealand [1997] NZFLR 707 the Court held that “successively there were periods when the parent/child relationship between (Meriana and Ngawini) was recognised by law (1892-1901)...

7. Karepa v Te Riini - The Kikorangi and Kareti Karepa Whānau Trust (2016) 138 Waiariki MB 134 (138 WAR 134) [pdf, 234 KB]

   ...failed to carry out the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [18] In Clarke v Karaitiana the Court of Appeal noted the extent of the Court’s jurisdiction under s 238 of the Act: 6 [36] … Apart from the inherent jurisdiction enjoyed by the High Court and conferred on the Māori Land Court by s 237, the Māori Land Court has wide superv...

8. Leckie - Matauri 2K (2016) 137 Taitokerau MB 23 (137 TTK 23) [pdf, 219 KB]

   ...Ngatai v Charmaine - Matakana 1A7A (2007) 21 Waikato Maniapoto Appellate MB 147 (21 APWM 147); Bidois - Te Puna 154D3B2B (2008) 12 Waiariki Appellate Court MB 102 (12 AP 102); Whaanga v Niania - Anewa Block [2011] Maori Appellate Court MB 340 (2011 APPEAL 340); and Rudolph v Reti - Otetao B3A2 [2011] Maori Appellate Court MB 143 (2011 APPEAL 143). 5 127 Taitokerau MB 127-132 (127 TTK 127-132). 137 Taitokerau MB 32 [14] In terms of s 329(2)(aa), the occupation orders will be...

9. Tumene - Succession to Ihimaera Wiringi [2021] Chief Judges MB 587(2021 CJ 587) [pdf, 508 KB]

   ...45 applications must be accompanied by proof of the flaw or error identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [11] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:16 The first is the evaluative decision as to whether the order made was erroneous in fact and law because of any mistake or omission on the part of the Court or t...

10. National Standards Committee 1 v Young [2020] NZLCDT 30 (25 September 2020) [pdf, 183 KB]

    ...Mr Z (contrary to our finding) does speak English, and that Mr Z was an immigration agent. These submissions are completely at odds with our liability decision. If Mr Young wished to challenge that decision, the proper course 6 was an appeal to the High Court. His inability to comprehend this important, fundamental structure, adds to our concern about his ability to recognise quite basic features of legal process, of which the disciplinary process is a straightforward ex...