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1. Connor - Pataua 4B (2016) 130 Taitokerau MB 17 (130 TTK 17) [pdf, 132 KB]

   ...the owners. [13] Mr Connor has provided several photographs with his application which show the two dwellings from various angles. [14] The main building which is described as the bach is fixed to the land by wooden piles and Mr Connor informs me that the shed or garage is similarly placed on the land. [15] Both buildings were purchased by Mr Connor from another site and then brought onto the land by trailer and then erected onto the present location. Mr Connor informed me...

2. W v Southern Response Earthquake Services Ltd [2020] CEIT-2020-0020 [pdf, 248 KB]

   ...engage to repair their home; (b) obtain Southern Response’s permission before arranging for any repairs or incurring any expense; and 1 Cover for your house Cl 1a and d. 2 Cover for additional costs cl 1a. (c) answer any reasonable requests from Southern Response for further clarification. [8] They believe that they have the right to: (a) engage their own experts to undertake an assessment of the earthquake damage; (b) prepare their own scope of works using their...

3. [2018] NZEnvC 176 Burgoyne v Northland Regional Council [pdf, 193 KB]

   ...for waiver Te ROnanga 0 Ngai Takoto submitted the following: Te ROnanga 0 Ngai Takoto is one of 17 members of the Group (the applicant in the proceedings) and is also tangata whenua. There was uncertainty as to whether each individual applicant forming the Group was required to join the proceedings as an individual party, or whether their interests could be represented through the join position of the Group. While the Group will be presenting a joint case as the applicant in the app...

4. OD Ltd v TM Ltd [2015] NZDT 1491 (29 January 2015) [pdf, 251 KB]

   ...timber set aside for OD Ltd is lost and can no longer be delivered. Therefore I find that TM Ltd must refund the money paid by OD Ltd for the timber. Referee: E Paton-Simpson Date: 29 January 2015 Page 4 of 4 Information for Parties Rehearings On application of a party to the proceedings, the Disputes Tribunal may order a rehearing of the proceedings, on such terms as it thinks fit. If you wish to apply for a rehearing, you can obtain an applica...

5. [2023] NZEnvC 070 Canterbury Regional Council [pdf, 211 KB]

   ...delay, the scheme of the Act relating to public participation, what has occurred in the proceeding and what effect introducing new parties might have on progressing the appeal to resolution. Whether there is any undue prejudice [17] No party has claimed that they will be unduly prejudiced by the application for waiver and the delay is of no real moment given the stage of the proceeding. [18] I cannot see how the granting of the waiver could prejudice any other party. Whether ther...

6. LCRO 201/2017 ZK v XM (29 June 2018) [pdf, 288 KB]

   ...Carr-Glynn, the High Court in Woods noted that the lawyer had a duty “to take care to ensure that effect was given to testamentary intentions”. Although aware that the property was jointly owned, the lawyer did not know the type of ownership and requested the client’s instructions “to obtain the deeds and the check the position”.23 The client made her own inquiries, but the lawyer did not and prepared the will. Because the property was held as joint tenants, “the intend...

7. [2019] NZEmpC 12 A Labour Inspector v Daleson Investment Ltd [pdf, 376 KB]

   ...following orders stand in its place: (a) The defendant is ordered to pay to the Crown the sum of $40,000 by way of penalties. (b) This amount is to be paid in full no later than 4 pm on 11 March 2019. Costs [66] Costs are reserved at the request of the Labour Inspector. If they cannot otherwise be agreed, memoranda may be filed, with the Labour Inspector filing and serving within 15 working days; any reply by the defendant within a further 15 working days; anything s...

8. [2021] NZEnvC 146 Ngati Paoa Trust Board v Kennedy Point Boatharbour [pdf, 437 KB]

   ...decision maker? • Do elapsed time and change of circumstances nevertheless warrant the making of enforcement orders? • Subject to the previous answers, is it presently necessary for urgent interim enforcement orders to be made? At the request of the parties I have reviewed extensive materials in my consideration of matters for this decision, not just the submissions received last week and this. I have revisited and considered materials that were lodged with the Court for t...

9. [2019] NZEmpC 181 A Labour Inspector v New Zealand Fusion International Ltd [pdf, 299 KB]

   ...in China. [6] Mr Meng did outside jobs; Ms Xueli Wang did inside work. They each worked seven days a week and received no pay whatsoever. Several months later they began to make inquiries about being paid. Ms Guan was not receptive to these requests. Nor was she receptive to subsequent requests to repay the bond money they had each paid to her. [7] Mr Meng was in desperate financial circumstances, with no money coming in and a mortgage (in relation to the ¥200,000) to deal w...

10. [2016] NZEmpC 18 Saomai v Prestige Demolition Services Ltd [pdf, 122 KB]

    ...that her responses had not provided sufficient information about the reasons for the proposed employment changes, and asserted that “[w]ithout any business plans there can be no justification for any redundancy.” Mr Ogilvie reiterated his request for advice of ongoing business plans and the reasons for any changes to Mr Saomai’s job. [21] There was a meeting between Mr Saomai, his wife and his representative with Dr Blake and Prestige’s lawyer on 17 February 2016 at...