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1. WE v AW & AX LCRO 82 / 2012 (10 June 2013) [pdf, 93 KB]

   ...support person. [11] I was uncertain as to how knowledge by the support person could affect Mr AW’s recovery proceedings, but nevertheless, as the Lawyers and Conveyancers Act provides that review proceedings are private, I acceded to Mr AW’s request that the support person be requested to leave the hearing. [12] She was invited to remain outside the hearing room to be consulted at any time during the course of the review by Mr WE if he wished to do so. Delay in providing clie...

2. Taylor v Auckland Council [2012] NZWHT Auckland 42 [pdf, 134 KB]

   ...assessor’s report was completed. [3] The assessor’s report concluded that there were a number of construction defects in the property including: (a) Inadequate installation of the cladding through lack of movement control joints, poorly formed external corners and poorly formed vertical cladding joints resulting in cracking. (b) Inadequate installation of the door and window joinery. (c) Insufficient coating protection. (d) Insufficiently constructed cladding bas...

3. Dunworth v McLachlan [2010] NZWHT Auckland 6 [pdf, 89 KB]

   ...and that the tenants gave notice due to the water ingress issues. It was reasonable in the circumstances for the claimants to carry out repairs before re-tenanting the property. I do Page | 12 not however accept that the full nine months requested should be awarded. Part of the inability to rent the property was the difficulty in getting tenants for shorter periods when the claimants were going to return to live in the property over the summer. Loss of rental is awarded...

4. LCRO 340/2013 NL v HC [pdf, 146 KB]

   ...8 Webb, Dalziel and Cook, above n 6. 8 was the person who made or authorised the payment, that does not go to a lack of supervision. It was acceptable for the person authorising the payment to proceed on the request from Mr HC Senior to do so. [29] To impose a duty in this instance to enquire whether all necessary authorities had been obtained before Mr YO QC’s account was paid would be imposing a duty that extends beyond the requirements of r

5. BORA Non-Bank Deposit Takers Bill [pdf, 362 KB]

   ...ownership. POSSIBLE INCONSISTENCIES WITH THE BILL OF RIGHTS ACT 1990 Section 14 – Freedom of Expression Section 14 of the Bill of Rights Act affirms the right to freedom of expression, which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right has been interpreted as including the right not to be compelled to say certain things or to provide certain information. [2] We note, taking into account the various domestic...

6. BORA Waste Minimisation (Solids) Bill [pdf, 410 KB]

   ...unreasonable search and seizure, the right to natural justice, and the right to be presumed innocent. Our analysis under those sections is set out below. SUMMARY OF ADVICE 3. Clause 59 of the Bill requires brand-owners and vendors to provide certain information about products to the public and prescribes the manner in which this should be done. We consider that the information that must be provided to the public does not appear to be sufficiently "expressive" in content to a...

7. BORA Judicature Modernisation Bill [pdf, 321 KB]

   ...medical practitioner at a time and place specified in the order if the court is satisfied that the physical or mental condition of the person is relevant to a matter in the proceeding... (4)The person to be examined must do the things reasonably requested and answer the reasonable questions asked by the medical practitioner who conducts the examination. (5)If the person to be examined fails, without reasonable excuse, to comply with the order or wilfully obstructs the medical examinatio...

8. [2016] NZSSAA 082 (29 August 2016) [pdf, 128 KB]

   ...Blair for the appellant N Jaura for the Chief Executive of the Ministry of Social Development DECISION Introduction [1] The appellant appeals against a decision of the Chief Executive, upheld by a Benefits Review Committee, declining her request to have her income from employment exempted in the calculation of the rate of Supported Living Payment to be paid to her, pursuant to the provisions of s 66A of the Social Security Act 1964. Background [2] The appellant is aged X...

9. Wai 2180 Taihape inquiry newsletter 3 June 2016 [pdf, 1 MB]

   ...Rangipo North only) Paula Berghan CFRT #A24 Whanganui & National Park inquiry districts public works takings Philip Cleaver WTU #A25 Native Land Court minutes document bank Walghan Partners CFRT #A30 Response of Mr Parker to a request for information relating to the Solicitor General's opinion of December 1903 Brent Parker Crown #A32 One past, many histories: tribal land and politics in the nineteenth century Terry Hearn WTU #A42 PHASE TWO Report Na...

10. BORA Employment Relations Amendment Bill [pdf, 269 KB]

    ...c. require employers to provide the applicable collective agreement, union contact details and the option to join the union at the same time they provide an intended individual employment agreement to an employee, and to provide certain specified information about the role and function of the union to new employees d. introduce an ‘adverse treatment’ personal grievance based on an employee’s union membership, and extend the grounds for discrimination to include an employee’s...