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1. 24 unit owners of Shed 24 Princess Wharf, 143 Quay Street [2013] NZWHT Auckland 13 [pdf, 89 KB]

   ...does the Act define the point at which a dwelling is regarded as built for the purposes of s 14. That issue, however, was the subject of consideration by the High Court in Garlick, Sharko, Osborne and Turner1 and more recently by the Court of Appeal in Osborne and Sharko.2 [5] The Court of Appeal found Lang J’s observation in Garlick to be helpful when he concluded that a dwellinghouse is “built” when it has been completed to the extent required by the building consent....

2. [2016] NZSSAA 021 (31 March 2016) [pdf, 35 KB]

   [2016] NZSSAA 021 Reference No. SSA 052/15 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Christchurch against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Ms M Wallace - Chairperson Mr K Williams - Member Lady Tureiti Moxon - Member HEARING at CHRISTCHURCH on 9 February 2016 APPEARANCES The appellant in person Mr R Williams for the Chief Executive of the Minis...

3. 2017 NZSSAA 055 (9 October 2017) [pdf, 100 KB]

   [2017] NZSSAA 055 Reference No. SSA 157/16 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Auckland against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY S Pezaro - Deputy Chair K Williams - Member C Joe - Member Hearing at AUCKLAND on 27 September 2017 Appearances The appellant in person; Z, support person A Katona, agent for the Chief Executive DECISION...

4. BORA Ombudsmen (Protection of Name) Amendment Bill [pdf, 152 KB]

   ...“first-hurdle criterion” for applicants wishing to use the name ‘Ombudsman’, determining whether the public interest in there being a new non-Parliamentary ombudsman exceeded the public interest in non-proliferation of the name.1 A recent Court of Appeal case held it was unlawful for the Chief Ombudsman to apply the first hurdle criterion given that the Act contemplates the giving of approvals in appropriate cases, and the criterion amounted to a fetter on the Ombudsman’s inten...

5. BORA Criminal Cases Review Commission Bill [pdf, 139 KB]

   ...appears to be consistent with the Bill of Rights Act. Introduction 2. The CCRC Bill establishes the Criminal Cases Review Commission (Commission), the purpose of which is to review convictions and sentences and decide whether to refer to them to an appeal court. 3. Currently, if a person who has been convicted of an offence considers they have suffered a miscarriage of justice, they may apply to the Governor-General for the exercise of the Royal prerogative of mercy. The Royal prero...

6. DT v BJ Ltd [2021] NZDT 1353 (21 January 2019) [pdf, 251 KB]

   ...within 28 days of the decision having been made. If you are outside of time, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceed...

7. TO v QJ Ltd [2018] NZDT 1476 (10 May 2018) [pdf, 188 KB]

   ...within 28 days of the decision having been made. If you are outside of time, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceed...

8. ZG Ltd v C Ltd [2019] NZDT 1506 (12 September 2019) [pdf, 184 KB]

   ...within 28 days of the decision having been made. If you are outside of time, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceed...

9. BS and NE v RB Ltd [2017] NZDT 1524 (26 April 2017) [pdf, 213 KB]

   ...within 28 days of the decision having been made. If you are outside of time, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceed...

10. DB v FX [2018] NZDT 1489 (3 December 2018) [pdf, 184 KB]

    ...within 28 days of the decision having been made. If you are outside of time, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Ground for Appeal There is only one ground for appealing a decision of the Tribunal. This is that the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceed...