Search Results

1. Smethurst [2015] NZWHT Auckland 2 [pdf, 139 KB]

   ...owners to seek a review of MBIE’s decision that the claim does not meet the eligibility criteria. I further noted that any such application for review must be filed within 20 working days of receiving the relevant notice from MBIE. I accordingly requested Mr Smethurst to send me the following information:  A copy of the notice from the Department of Building and Housing or MBIE declining eligibility.  Copies of documents that he referred to that established that building...

2. Equal Pay Amendment Bill Supplementary Order Paper [pdf, 157 KB]

   ...formally vetted for consistency with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). However, it is possible for the Attorney-General to bring the House’s attention to relevant matters under Standing Order 372(1), and you have requested that this Supplementary Order Paper be formally vetted. 3. Therefore, we have considered whether the Equal Pay Amendment Bill Supplementary Order Paper (‘the SOP’) is consistent with the rights and freedoms affirmed in the Bil...

3. LCRO 209/2016 YH v SM (27 November 2018) [pdf, 144 KB]

   ...2016, [4]. 2 At [10]. 3 Issue 1: Did Mr SM give incorrect advice in relation to the issue of Court proceedings by Mrs YH and if so, did his conduct constitute either unsatisfactory conduct or misconduct? Issue 2: Did Mr SM by agreeing to a request from opposing counsel to put Mrs YH’s proceedings on hold allow Mr YH proceeding “to catch up” so that matters could be dealt with together, constitute conduct which is either unsatisfactory conduct or misconduct? [14] The Co...

4. 2024] NZEmpC 195 Smalley v Hamilton Hindin Greene Ltd [pdf, 297 KB]

   ...resolve the matter, and that by 30 June 2023, HHG was to disclose all relevant documentation held by it pertaining to the matters in dispute. [12] On 4 July 2023, HHG disclosed documents which it said it had gathered in response to the disclosure request. [13] An issue then arose between the parties as to the adequacy of the disclosure which had been provided. Mr Smalley said that because disclosure was inadequate, mediation should not proceed in the meantime. 2 Smalley v...

5. Te Rununga o Ngati Hine - Determination of dispute between Te Rununga o Ngati Hine and Te Rununga a Iwi o Ngapuhi (2011) 28 Taitokerau MB 217 (28 TTK 217) [pdf, 216 KB]

   ...Pita Tipene, is the current trustee on TRAION representing the Takiwa of Ngati Hine. [27] Schedule 3 of the Deed sets out the ―Process to Withdraw‖ as required by s 20(2). It provides for a ―preliminary process of withdrawal‖ and a ―formal process of withdrawal‖. [28] TRONH has existed in one form or another since 1887. I am told that today it operates under ―tikanga‖ and is, at law, an unincorporated body. Nevertheless, it recognises that if Ngati Hine is succe...

6. WQ Ltd v X Ltd & CG ta UQ [2021] NZDT 1429 (3 May 2021) [pdf, 218 KB]

   ...May how they will share the loss. If the amount ordered is not paid the applicants may enforce the order against either or both respondents. Referee: B M Smallbone Date: Monday, 3 May 2021 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

7. DE v FX [2017] NZDT 1381 (7 February 2017) [pdf, 199 KB]

   ...the sculptures were worth $3,500 each. On the other hand, FX obtained an estimate of $500 to $1,000 from JBD or $1,400 to $1,800 from BP. 15. Despite hearing evidence from the parties regarding the experience of the different valuers and the information or assumptions on which their valuations were based, it remains unclear which valuation is most accurate. Given the large element of uncertainty in valuing an art work, I have simply taken a rough average of the estimates obtained by eac...

8. N Ltd v TC [2019] NZDT 1364 (25 September 2019) [pdf, 220 KB]

   ...liable to pay that amount. 15. Based on the proportional liability finding at point 11, Ms C is liable to pay 80% of $11,937.63, being $9550.10. Referee: Date: 25 September 2019 CI0301_CIV_DCDT_Order Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available or a mistake was made. If you wish to a...

9. CW Ltd v KI [2020] NZDT 1359 (21 October 2020) [pdf, 194 KB]

   ...booklet. Further KI points out that what she intended to be the interior cover could not have been the main cover as it does not contain her name as author and illustrator as one would expect to see on a main cover. I accept that there was sufficient information available to QQ that they should have realised, or at least sought to clarify, that the complete booklet was made up of two files. 12. However, unfortunately KI confirmed the mistake, first by accepting the quotation for 28 pr...

10. SN v CU & KU [2023] NZDT 167 (4 May 2023) [pdf, 160 KB]

    ...liable to contribute in equal proportions to work on a fence.” 4. The provision of the Act that is relevant is section 10. Under section 10 an occupier who wishes the adjacent occupier to contribute to the fence “shall serve him a notice in form 1 of Schedule 1 or to the like effect.” 5. Where immediate work is not required, section 10(4)(c) states that “in the absence of an agreement to the contrary the occupier of the adjoining land shall not be liable to contribute to t...