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1. [2020] NZIACDT 45 - TTD v Zheng (14 October 2020) [pdf, 216 KB]

   ...NZIACDT 37. 3 [9] Immigration New Zealand duly issued visitor visas to the complainant and her husband and they arrived in this country on 21 November 2018. They initially did some touring here. [10] Following advice from Mr Zheng on the form and content of a leave letter from the complainant’s employer, she obtained such a letter dated 7 December 2018. It stated that she had applied to continue her holiday for three months for the purpose of language training and she wou...

2. [2019] NZREADT 50 - Hu v CAC 416 & Yeung (14 November 2019) [pdf, 220 KB]

   ...2 Unless there were exceptional circumstances justifying the admission of new evidence which would not apply in this case. [21] To accede to the request of the Appellant would involve an order permitting the additional evidence to be considered by the Tribunal. Such an order is required because there is no entitlement as of right to put forward additional evidence on the appeal which

3. 2021-07-05 DOC - Closing Submissions [pdf, 303 KB]

   ...presence of priorities has shaped historic use patterns by imposing a default allocation of water between users and thereby providing an incidental environmental benefit by retaining water instream longer. 10. Even where priorities have not been formally exercised, their presence6 has shaped existing patterns of use through the knowledge that they can be called upon in situations of insufficient flows.7 In response to this water users have come up with various informal (and in some...

4. Nicholas v The Official Assignee - Lot 6 DP 34349 [2021] Maori Appellate Court MB 228 (2021 APPEAL 228) [pdf, 258 KB]

   ...September 2020 the Official Assignee sought its dismissal without hearing pursuant to r 8.19 of the Māori Land Court Rules 2011 (the Rules), or alternatively struck out as an abuse of process. On 14 December 2020, we issued a minute declining that request with reasons to follow. [7] Rule 8.19 allows the Māori Appellate Court to dismiss an appeal without hearing where it is clear on the face of the appeal that the Māori Appellate Court does not have jurisdiction to hear the appe...

5. [2023] NZEmpC 64 Whangamata Golf Club Inc v Harwood [pdf, 261 KB]

   ...2021, including his view that the risk of COVID-19 was not substantial in the circumstances and that any risk to vulnerable people could be managed under current health and safety practices. Mr Harwood asked the club to revoke the vaccination request they had made and set out a number of questions.10 [18] Also on 25 November 2021, a letter was sent to Mr Harwood describing the club’s vaccination policy, including the view of the club that his employment would have to end on 26 De...

6. [2024] NZEnvC 160 Evans v Marlborough District Council [pdf, 276 KB]

   ...proceeding before the court. However, it agreed that an application for recovery of costs on costs is unusual, mostly because the applications are dealt with by the court on the papers. The court found that the Council had not been unreasonable to request a hearing on the cost issues given the nature and extent of disagreement between the parties over relevant factors. [41] That case can be distinguished on the facts. As the court notes in its decision, “… there is little a...

7. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...visa. She was asked to advise if she would seek the position. He noted that she already had a residence application in process. [15] On 27 November 2017, Mr Mercado informed the visa officer that the complainant had applied for the PA role and requested an extension of one week to reply to the officer’s letter, in order to see if she would get the new role. [16] Mr Mercado duly advised the complainant on 28 November 2017 that he had sought an extension. She was asked to notif...

8. Coote - Estate of Shirley Dawn Quinn (2013) 2013 Chief Judge's MB 1018 (2013 CJ 1018) [pdf, 228 KB]

   ...presentation of the facts of the case to the Court or the Registrar. The Chief Judge may also make such other orders as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. [11] The applicant has requested that the Chief Judge amend the order that is the subject of this application. The burden of proof is on the applicant to prove the existence of the alleged mistake or omission either by the Court or in the presentation of...

9. Wang v Real Estate Agents Authority (CAC 409) v Sweetingham [2017] NZREADT 29 [pdf, 274 KB]

   ...cm x 5 cm photograph of the property and its neighbouring units, with the boundaries of the property indicated by a red line. [6] Shortly after Ms Wang commenced marketing the property, Mr Wilson sent her an email, in response to an emailed request from Ms Wang for the photographs for the property. Mr Wilson’s response included the statement: Your advert for the property on TradeMe is quite misleading – I’d get that down quickly… [7] The email was opened by Ms Wang...

10. Stone v Couch - Rapaki MR875 39A (2020) 65 Te Waipounamu MB 61 (65 TWP 61) [pdf, 345 KB]

    ...Pā (Lot 2 of Part Subdivision 3 of Section 24 Block IV Waitara Survey District), above n 11, at [10]. 13 Tangitu – Parish of Te Puna 154A2 (Epiha Urupā) (2005) 82 Tauranga MB 274 (82 T 274) 65 Te Waipounamu MB 74 [46] Herena has also requested further trustees be added to the trust, which is not opposed by Henry Couch, the current trustee. The Court may vest a Māori reservation in trustees, pursuant to s 338(7) of the Act, and s 239 also allows the Court to add, reduce or...