Search Results

1. BORA Aquaculture Reform Bill [pdf, 458 KB]

   ...are able to receive the benefit of the allocation raises issues of intra- ground discrimination on the grounds of ethnicity. The issue of discrimination between iwi was also discussed in the context of the Māori Fisheries Bill. On that occasion, we formed the provisional view that individual iwi did not have their own ethnic identity. While we remain of this view, we consider that only coastal iwi have a recognisable customary interest in coastal marine farming. Inland iwi are not in a co...

2. Burns v Argon Construction Ltd [pdf, 42 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2007-101-12 BETWEEN JOHN WILLIAM BOSWELL BURNS, PETER GEOFFREY STUBBS and WILLIAM GRAHAM GEORGE CAMERON CLEARY as Trustees of the FUTURE HOLDINGS FAMILY TRUST Claimant AND ARGON CONSTRUCTION LIMITED First Respondent AND AUCKLAND CITY COUNCIL Second Respondent AND BERNARD MOHAN Third Respondent AND PAUL BAYER (Removed) Fourth Respondent DECISION ON STRIKE OUT APPLICATIONS Dated 8 October 20

3. LCRO 130/2016 RB v ZB (28 June 2017) [pdf, 229 KB]

   ...Relationship Property Agreement for the creation of a right of way over a property which was to be transferred to Ms TB in favour of an adjoining property which was to be transferred to Mr RB. 2 [4] For that purpose, in early November 2013, Mr TD requested Mr RB’s file from Mr ZB. [5] Mr RB issued proceedings against Mr ZB. A judicial settlement conference took place in December 2014. Towards the end of 2015 a settlement of those proceedings was reached. The comp...

4. LCRO 153/2022 YA v CK (16 July 2024) [pdf, 234 KB]

   ...the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It involves the LCRO 1 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 2 coming to his or her own view of the fairness of the substance and process of a Committee’s determination. [4] In rea...

5. [2006] NZEmpC AC 50/06 Tu'itupou v Guardian Healthcare Operations Ltd [pdf, 134 KB]

   ...endorsement is as follows: “Solicitor [Ms Schaaf] to lodge personal grievance”. In an affidavit of Mrs Tu’itupou sworn on 9 August 2006 but filed at the hearing, she states that this file note was not disclosed to Ms Schaaf when information was requested. Another file note prepared at the dismissal meeting was disclosed and is annexed to this subsequent affidavit. The two documents were clearly prepared by different persons present. Ms Tiaiti’s note appears to be more in...

6. Khan v Devi [2014] NZIACDT 29 (17 March 2014) [pdf, 103 KB]

   ...Singh, Singhs Barristers & Solicitors, Auckland. Date Issued: 17 March 2014 2 DECISION Preliminary [1] The essence of the complaint was that the adviser did not deal with the complainant; rather, unlicensed staff performed the professional duties and mismanaged the complainant’s instructions. [2] The adviser was the only licensed immigration adviser in her practice. She says unlicensed persons provided clerical services, but did not provide professiona...

7. Tapu te Wao v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 137 (16 August 2024) [pdf, 246 KB]

   ...Hearing: 15 August 2024 Held at: Hamilton/Kirikiriroa Appearances: L Findlater for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 16 August 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for treatment injury – ss 32-33, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 21 April 2023. The Reviewer dismissed an application for review of...

8. AAT and AAU as Trustees of LM Trust v ZZH [2010] NZDT 17 (24 August 2010) [pdf, 95 KB]

   ...have known of it, it must be certain, and the custom must be proved by clear and convincing evidence. In other words, to be implied by usage, a requirement to replace must be so common as to be able to be taken for granted, so prevalent that it forms part the Lease unless it is expressly excluded, or implicit in the language of the Lease. On the contrary, the Lease is specific about the obligations on termination, and does not require silage to be left. Even leaving that point as...

9. KB v DC [2023] NZDT 732 (16 December 2023) [pdf, 146 KB]

   ...statement of past or present fact. 8. I find a misrepresentation was made about the Car. 9. I say that because the Car was advertised as having a Garret Turbo, which it does not. 10. DC says he is not an expert on turbos and simply provided information he believed to be true. Having heard the evidence however, I am satisfied DC’s statement is a misrepresentation because I accept: a. the advertisement does clearly state the Car is fitted with a “big Garrett turbo”; b...

10. KB v OS [2022] NZDT 287 (28 March 2023) [pdf, 213 KB]

    ...two of his friends in the car. He says he was involved in a verbal altercation with a pedestrian at a pedestrian crossing. KB says that the pedestrian then got into a van and followed his car. KB says that driver of the van later passed his car, performed a u-turn and drove towards KB’s car. 7. KB says that he pulled his car over to the side of the road in an evasive way, and the driver of the van drove into the right hand side of KB’s car, causing damage to the car. KB says that t...