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1. Reid v CAC 10055 & Cottle [2011] NZREADT 10 [pdf, 89 KB]

   ...Committee’s determination should be overturned and the complaint sent back to the Committee to enquire into it. [18] The appellant has no legal qualifications and his arguments both written and oral have been difficult to distil into some coherent form and we are reminded of the observations of Alexander Pope (1688 – 1744) who said: “A little learning is a dangerous thing. Drink deep, or taste not the Pierian Spring There shallow draughts intoxicate the brain, And...

2. [2015] NZSSAA 44 (1 July 2015) [pdf, 35 KB]

   ...Superannuation is a benefit), it is the aggregation of the family circumstances that is taken into account. [19] The Authority understands that the appellant’s wife is not included in his benefit because she is still working. Although the appellant claimed he could not plan for his retirement as a result of the deduction he did not suggest that he and his wife were in financial hardship. [20] The Authority has also previously found that it cannot say that the result of the a...

3. Māori Trustee v Lidgard - Kapenga H (2014) 97 Waiariki MB 282 (97 WAR 282) [pdf, 142 KB]

   ...paragraph 25, it requires that the dairy farm be operational at the end of the lease. Further, I hold that all components of the farm have to be operational and that includes the milking shed. The milking plant is the landlord’s property and forms a necessary part of the fully operational dairy farm that the landlord is entitled to. I should remark that Mr Craven’s expertise was rightly accepted in my view. No evidence from a similar expert was called to contradict him. Fix...

4. Clarke v Downs Lake - Taupo Forest Trust [2014] Māori Appellate Court MB 16 (2014 APPEAL 16) [pdf, 165 KB]

   ...that any Ngäti Tutetawha beneficiaries had to descend from Te Okore. [12] The trustees were represented by Amy Walker their group manager, and the current chairperson Mr Clinton Ellis. They opposed the appeal in both its original and amended form. [13] We also heard from Mr Matiu Northcroft spokesperson for Ngäti Tutetawha. The nature of the appeal [14] Before varying a trust pursuant to s244 the Court has to be satisfied of two preconditions, they being: a) Th...

5. [2016] NZSSAA 092 (31 October 2016) [pdf, 227 KB]

   ...New Zealand 5 Superannuation until she had resided here for ten years is simply incorrect. It is difficult to know why the appellant and his wife have not properly explored this option. We also have reservations about Mrs XXXX’s claim that she needs to remain resident in the United Kingdom for purposes relating to the mortgage and insurance on her property there. [17] Nevertheless, it is difficult to see that the purpose of the legislation is served by deducting M...

6. LCRO 22/2017 BM v YN (31 August 2017) [pdf, 136 KB]

   ...the [Area] Standards Committee that further action in respect of his complaint concerning Mr YN and the whereabouts of $2,000 was not necessary or appropriate. Background [2] Mr BM instructed Mr YN to assist him in resolving a dispute with his former employer. [3] The dispute was resolved in August 2016 on the basis that Mr BM’s employer would pay him $5,500 plus costs of $3,000. In the course of the negotiations Mr BM says Mr YN agreed to give him “a $2,000 credit as part...

7. Fa'asavala v Letalu [2014] NZIACDT 91 (17 September 2014) [pdf, 174 KB]

   ...The grounds on which the Tribunal upheld the complaint were: [2.1] The complainant was in New Zealand unlawfully and sought Mr Letalu’s assistance to apply for a visa. [2.2] Mr Letalu embarked on a course where he repeatedly filed unmeritorious requests, then made complaints on the same grounds. The responses of Immigration New Zealand and the Minister made it clear why his actions were inappropriate. He persisted. [2.3] He then lodged an appeal out of time and he did not refund th...

8. Tata v Kara - Waiwhakaata 3E4C Lot 2A (2016)121 Waikato Maniapoto MB 2 (121 WMN 2) [pdf, 177 KB]

   ...will simply abide the decision of the Court. [4] In a minute dated 29 March 2016, I indicated that I would determine this application on the papers, although I granted leave for ANZ, or the second respondent, to seek to be heard in person. No request was made to have the application heard in person and so I have determined this application on the papers. [5] The issue in this case is whether the order for non-party discovery should be granted. The Law [6] The making of an o...

9. MVDT Annual Report 2016-2017 [pdf, 206 KB]

   ...December 2016, the purchasers discovered some three months after purchasing their late model Volkswagen that it had been assessed by Queensland authorities as a statutory write-off due to water damage. The trader had disclosed on the consumer information notice (CIN) that the vehicle was imported as damaged. However, the purchasers denied they saw the CIN prior to purchase. In any event, the trader did not specifically disclose to them that the vehicle was a statutory write-off i...

10. Whare v Home Mortgage Company Limited - Te Puke 1A5B2B2 (2004) 283 Rotorua MB 75 (283 ROT 75) [pdf, 1.2 MB]

    ...Applicant, Mr Rota did not appear to dispute the essence of the evidence nor the submissions made by counsel. Mr Rota also underscored that in any event, should an adjounullent be granted, there was no guarantee that a solution would be found. The request that the application be determined according to "customary law" was not seriously pursued at the hearing. Submissions for the Respondent In sumlllmy, Mr Webster submitted: (a) there is a real issue of jurisdiction and wheth...