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1. ZA v YB LCRO 333/2012 (15 August 2014) - Costs Decision [pdf, 113 KB]

   ...Mr ZA made the following statements in his submissions:2 This is an issue that cannot reach a satisfactory conclusion. However, as Mr. YB’s (sic) rightly points out, we need to be aware of any costs to the profession and for those reasons also request that the Review Officer spend no further time in respect of any further consideration of an application for costs. Decision [8] Mr ZA’s submission overlooks the fact that I sought submissions from him with regard to the potential f...

2. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [2010] NZWHT Wellington 17 [pdf, 73 KB]

   ...out that before the hearing they offered to meet the entire cost of remedial work and nominated a builder who has a good reputation in the industry and whose expertise in remediation work was confirmed by the Assessor. The first offer included a request that the claimants contribute $50,000 and in a later fax no contribution was sought. There was also a cash offer of $300,000. In the substantive determination the Olssons were held liable for $310,888. In response the claimants...

3. Newel [2013] NZWHT Auckland 19 [pdf, 79 KB]

   ...“built”. [7] Lang J also considered the effect of s 43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An owner shall as soon as practicable advise the territorial authority, in the prescribed form, that the building work has been completed to the extent required by the building consent issued in respect of that building work. [8] He concluded that if this reasoning is applied to the consideration of the built- by...

4. BORA Counter Terrorism Bill [pdf, 15 KB]

   Counter-Terrorism Bill 2002 EXPLANATORY NOTE: COUNTER-TERRORISM BILL 2002 The following advice on the Counter-Terrorism Bill 2002 is published with the permission of the Attorney-General following a request from the Foreign Affairs, Defence and Trade Select Committee. The Bill was introduced on 17 December 2002. The Crown Law Office had previously advised the Attorney-General on 10 December 2002 that no provision in the Bill appeared to be inconsistent with the New Zealand Bill of...

5. Hau v Ruddell - Oue 2B2B2 (2017) 162 Taitokerau MB 50 (162 TTK 50) [pdf, 194 KB]

   ...who granted it. In any event, there is no evidence that Mr Hau has revoked this lease. Mr Hau states he asked Mr Ruddell to vacate the land, but this occurred before the latest lease was signed. There is also an issue over whether such an oral request is sufficient to revoke a lease. [10] This case is finely balanced. Whether the lease is valid, has been revoked, or whether the other owners have been ousted, are matters for determination at the substantive hearing. No doubt fur...

6. [2017] NZEmpC 142 Impulse Fishing v Smith [pdf, 157 KB]

   ...telephone conference on 25 October 2017, I raised with the parties the desirability of conducting only one trial of all outstanding issues with obvious efficiencies for the Court and potential cost savings for both parties. That prompted a combined request for this challenge to be stayed while the investigation before the Authority, as to quantum, is concluded. [12] In Transpacific All Brite v Sanko8 the Court recognised that it has the power to order a stay of proceedings before it...

7. WHT - guidelines for hearing preparation & hearings [pdf, 67 KB]

   ...hearing. The costs of any such representation will be borne by that party. The same person however cannot be both an expert witness for a party and that party’s advocate or representative. 3.11 All hearings are recorded. The Tribunal will on request provide each party with an audio copy of the recorded evidence free of charge. 3.10 Each party will be invited to make a brief opening statement, then each party and any witnesses shall answer any questions asked by the assigned Mem...

8. MLC - 2012 February - Māori governance [pdf, 449 KB]

   ...of trusts and incorporations. The most common governance entity is the ahu whenua trust, of which there are now over 5,500 in existence. This tells us that we have many Māori in various governance roles, in various governance structures, performing at various levels. Appro imately 42 per cent of Māori land is not under any governance entity. In some instances this is because the land has only one or just a few owners, or because the land is unsuitable for any form of developmen...

9. Waters v Alpine Energy Ltd [2014] NZHRRT 19 [pdf, 43 KB]

   ...prosecuted diligently. Order [9] The application by Alpine Energy for a stay of the Tribunal decision given on 20 February 2014 is granted on the condition that the appeal is prosecuted with all due diligence. [10] In the event that Mr Waters forms the view that Alpine Energy is not complying with that condition, he has leave to apply to rescind the order for stay on seven days’ notice. [11] The stay of proceedings is to expire upon the delivery of judgment by the High Court or sh...

10. BR v YI Ltd 2015 NZDT 803 (25 June 2015) [pdf, 72 KB]

    ...that was contracted for. [7] BR contends that ABC should have included in its report the presence of a commercially fitted oil catch-can as he has since been advised that this is indicative of engine problems. ABC disputes this and presented information on oil catch-cans sourced from the internet. I accept that this search revealed no information that suggested the presence of an oil catch-can points to problems, rather that they are fitted to improve engine performance. [8] BR...