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1. Wentzel v Collie [2012] NZWHT Auckland 15 [pdf, 250 KB]

   ...clause 6.2.5 nor did it consider the circumstances of a turnkey vendor who does not personally control the building work. [107] The second recent High Court decision to consider a clause analogous to 6.2.5 is Aldridge v Boe15 which was an appeal from a decision of this Tribunal. Like Ford v Ryan this case concerned a house that had never received a CCC. Unlike Ford v Ryan the purchasers in Aldridge were aware of this when they purchased the house.

2. [2016] NZEmpC 87 Kupa v Silver Fern Farms Beef Ltd [pdf, 248 KB]

   ...there is no evidence that this factor played a part in the assessment of credibility which Mr Elliott and Mr Williams undertook when deciding whether to prefer Mr Taylor’s or Mr Kupa’s account. [76] Mr Mitchell referred to dicta of the Court of Appeal in Whanganui College Board of Trustees v Lewis, 5 echoed in Timu v Waitemata District Health Board to the 5 Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 (CA)....

3. Te Manutukutuku Issue 71 [pdf, 7.9 MB]

   Waitangi Tribunal Hakihea 2017 | December 2017 ANGI TE ROPU WHAKAMANA I TE TIRITI O WAITANGIˉ ˉ 1 Issue 71Kia puta ki te whai ao ki te ao mārama From the world of darkness moving into the world of light| Kei Roto | Inside Te Paparahi o te Raki Finishes Hearings 1 From the Chairperson 2 From the Director 2 New Members 3 He Aitua – Judge David Ambler 4 He Aitua – Rangi McGarvey 4 A New Structure for the Unit 5 Priority Report on Muaūpoko Claims 6 Report on Reoffending Rates

4. CAC 304 v Chapman [2018] NZREADT 6 [pdf, 300 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2018] NZREADT 6 READT 022/15 IN THE MATTER OF A charge laid under s 91 of the Real Estate Agents Act 2008 BROUGHT BY COMPLAINTS ASSESSMENT COMMITTEE 304 AGAINST CHRISTOPHER CHAPMAN Defendant Hearing: 6 and 7 November, and 8 December 2017, at Christchurch Tribunal: Hon P J Andrews, Chairperson Mr G Denley, Member Ms C Sandelin, Member Appearances: Mr M

5. Cabinet Paper Reforming the Privacy Act 1993 [pdf, 360 KB]

   ...that their complaints can be resolved quickly and efficiently. 80. I propose that the Commissioner be able to make enforceable decisions on access complaints about what information should be released and which withheld. Access decisions can be appealed to the Human Rights Review Tribunal (the Tribunal). This will streamline the complaints process to enable faster resolution. 81. Access complaints are complaints about an agency’s decision not to give people access to their perso...

6. [2018] NZEnvC 129 Royal Forest and Bird Protection Society v Canterbury Regional Council [pdf, 7 MB]

   ...invalidity of the Advice Note: 1B 19 20 21 22 (a) it notes the potential for the practice of issuing such advice notes to undermine the RMA's plan-making processes (including in terms of public participation and associated rights of appeal to the Environment Court). 19 It makes the obvious point that the Zone Committee, a creature of the Canterbury Water Management Strategy ('CWMS'), is not a va lid substitute for those processes;20 (b) it points to the poten...

7. Morehu v Māori Trustee - Tokerau A14B2 (2007) 313 Rotorua MB 256 (313 ROT 256) [pdf, 6.7 MB]

   ...Rotorua MB 271 being held on resulting trust. According to Garrow & Kelly in the case of an inter vivos trust there will be a resulting trust to the settlor, para 14.15.3 . [24] The concept of the resulting trust was considered by the COUlt of Appeal in the decision Potter v Potter [2003] 3 NZLR 145. Fisher J, at p152, confirmed that the essence of a resulting trust in that a person providing or contributing to the purchase price of propelty conveyed paltly or wholly into the na...

8. Crosswell v Auckland City Council [pdf, 92 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2008-100-000107 BETWEEN GERARD MICHAEL CROSSWELL and CHRISTINE DAWN CROSSWELL as trustees of the CROSSWELL FAMILY TRUST Claimants AND AUCKLAND CITY COUNCIL First Respondent AND ROBERT MEDEMBLIK (Now Removed) Second Respondent AND GRANT MALONE Third Respondent AND ROSS SUTHERLAND (Now Removed) Fourth Respondent AND STEPHEN BASKETT and CRAIG BRACKEN (Now Removed) Fifth Respondents AND CARL RUFFLES Sixth R

9. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Janet Stephenson [pdf, 2.1 MB]

   BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF JANET RHONA STEPHENSON _____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on record: B Irving Sol...

10. Vivash v Accident Compensation Corporation [2020] NZHRRT 16 [pdf, 282 KB]

    ...obligation to determine delayed incapacity was that of the case manager at the time. Because the file had been 12 destroyed there was no evidence the issue had ever been addressed or that Mr Vivash had been made aware of the decision and of his appeal rights. [44] It is clear from the medical evidence reviewed earlier in this decision that the 1982 and 1985 accidents have in fact led to progressive degeneration. This underlines the point that a retention policy which hinges on t...