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1. Gray v Tulip Holdings Ltd [pdf, 176 KB]

   ...accommodation and the respondents alleged breaches and that part of the claim fails accordingly. CLAIM NO.00499 – GRAY DETERMINATION.doc 17 Interest [55] The owners claim interest under two heads, namely borrowing costs and interest under clause 15, Part 2 of the Schedule to the Act. First, the owners claim interest for 12 months on $70,000.00 borrowed from Westpac to finance repairs at a rate of 7.5%. Secondly, the owners claim interest at 7.5% per annum on various amo...

2. Davis - Ahipara A8B (2014) 88 Taitokerau MB 186 (88 TTK 186) [pdf, 152 KB]

   ...favour of A8B; and (iv) Area “E” on ML 426522 in favour of A8A2. Pursuant to s 318(2) of the Act the roadway shall be restricted to the owners of A8A1, A8A2 and A8B and their invitees. The roadway is subject to the rights and powers implied by clauses 1, 6 and 10 to 13 of Schedule 4 of the Land Transfer Regulations 2002 and the implied covenants detailed in Schedule 5 of the Property Law Act 2007 regarding grants of vehicular rights of way provided that the right in clause 2...

3. Appalasamy v Yap [2014] NZIACDT 16 (25 February 2014) [pdf, 98 KB]

   ...obliged to provide a refund, as he was engaged on written terms, which did not allow for a refund. [18] The difficulty for the adviser is that he was obliged to get informed instructions before accepting an engagement to carry out immigration work (Clause 1.1(b) of the Code of Conduct). He could have properly accepted a limited engagement to assess the complainant’s immigration opportunities before then getting informed instructions to proceed with a particular course. [19] What happ...

4. [2009] NZEmpC AC 15/09 Air New Zealand Ltd v V [pdf, 95 KB]

   AIR NEW ZEALAND LTD V V AK AC 15/09 3 June 2009 IN THE EMPLOYMENT COURT AUCKLAND AC 15/09 ARC 35/08 AND IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN AIR NEW ZEALAND LTD Plaintiff AND V Defendant Hearing: 2 March 2009 (Heard at Auckland) Court: Chief Judge G L Colgan Judge B S Travis Judge C M Shaw Judge A A Couch Appearances: CH Toogood QC and Kevin Thompson, Counsel for Plaintiff Anne-M

5. ZA v Accident Compensation Corporation (Impairment Assessment) [2023] NZACC 032 [pdf, 255 KB]

   ...Judgment: 6 March 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Impairment assessment – Part 3, Schedule 1, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 25 February 2022. The Reviewer dismissed an application for review of the Corporation’s decision dated 20 May 2021 declining the appellant’s application for lump sum compensation in respect of her post-traumatic stress disorder (PTSD).

6. [2020] NZEnvC 180 The Trustees of the Motiti Rohe Moana Trust v Bay of Plenty Regional Council.pdf [pdf, 541 KB]

   ...AOTEAROA Kl TA.MAKI MAKAURAU IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 181) of the Resource Management Act 1991 (RMA) of an application under s 31 O of the RMA THE TRUSTEES OF THE MOTITI ROHE MOANA TRUST (ENV-2020-AKL-000055) Applicant BAY OF PLENTY REGIONAL COUNCIL Respondent Court: Chief Environment Court Judge D A Kirkpatrick sitting alone under ss 265(1)(b), 279(1)(c) and 309(1) of the RMA Hearing: on the papers Appearances: J Maassen for App...

7. Blaikie v Lawless - Lake Taupo Forest Trust (2022) 450 Aotea MB 247 (450 AOT 247) [pdf, 333 KB]

   450 Aotea MB 247 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District A20220003804 WĀHANGA Under Sections 67 and 237, Te Ture Whenua Māori Act 1993 Section 133, Trusts Act 2019 MŌ TE TAKE In the matter of Lake Taupo Forest Trust I WAENGA I A Between MANAIA BLAIKIE, HEEMI BIDDLE, TINA POROU, JUDITH HARRIS, JOHN TUPARA, DANICA SEARANCKE-TIPENE, TANGONUI KINGI, NGAHERE WALL, DA

8. [2020] NZSSAA 21 (12 November 2020) [pdf, 188 KB]

   ...[11] The Ministry has no dispute with XXXX’s entitlement to accommodation supplement and paid it to her. The issue is the Act has maximum rates of payment. [12] Schedule 4, Part 7 of the Act contains the rates of the accommodation supplement. Clause 3 is applicable to XXXX’s circumstances: 3 To any other person whose accommodation costs are rent or payments for board and lodgings 70% of the amount by which an applicant’s weekly accommodation costs exceeds 25% of the...

9. BORA Health Practitioners Competence Assurance Amendment Bill [pdf, 275 KB]

   ...advice. 3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with s 14 (freedom of expression), s 25(c) (right to be presumed innocent), and s 27(3) (right to justice). Our analysis is set out below. The Bill 4. The Bill amends the Health Practitioners Competence Assurance Act 2003 (‘the Act’) to implement changes to the regulation of...

10. LM v U Ltd [2023] NZDT 274 (10 August 2023) [pdf, 235 KB]

    ...terms and conditions contain the rights and obligations of both parties to the contract. LM has claimed the time taken to provide him with a replacement camper was excessive, however KQ, National Operations Manager for U Ltd, referred the Tribunal to clause 25 of the terms and conditions. Clause 25(c)(1) states: The availability of an exchange vehicle is not guaranteed; provision is subject to availability, customer location, accident liability and remaining hire duration (provided tha...