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1. [2016] NZSSAA 112 (22 December 2016) [pdf, 149 KB]

   ...$500. Grants under this programme may only be made according to Clause 12 “if the Chief Executive is satisfied that an emergency situation exists”. The Authority for the reasons already outlined in this decision considers that Ms XXXX’s request for the substantial rent arrears grant has not arisen through an emergency situation. 6 Conclusion [19] For the reasons given above the Authority concurs with the Ministry’s decision to decline the grant under the Re...

2. Taipana - Taonui Ahuaturanga 3A2 Part (2017) 377 Aotea MB 282 (377 AOT 282) [pdf, 303 KB]

   ...legislation had it in mind that beneficiaries of whānau trusts would be ineligible to apply for occupation orders. However, that is the effect of s 328(1) of the Act. It is a matter which we draw to the attention of the legislature as warranting reform. [8] As foreshadowed, the Family Trust does not hold any interests in the land. On a plain reading of the section it is apparent that the Family Trust does not fall within the categories of persons set out in s 328(1). It is neithe...

3. Goldsmith - Lot 72B 3G2 Parish of Matata (2017) 175 Waiariki MB 99 (175 WAR 99) [pdf, 258 KB]

   ...previously in support of Mr Newton to change their minds. According to Walton Goldsmith, for the trustees, it is the policy of the trust that only owners can be elected as trustees. [12] Mr Goldsmith says that he wrote to Messrs Harawira and Hona requesting that they withdraw their nomination for Mr Newton. He also wrote to Mr Newton advising him that not being an owner disqualified him from nomination. Mr Harawira told Mr Goldsmith on 8 March 2017 that he wished to withdraw his n...

4. LCRO 16/2014 YC v TX [pdf, 148 KB]

   ...proceedings, terming them “illegal orders” in his letter of complaint dated 16 October 2013. [9] Mr YC’s complaints are replete with rhetorical questions beginning with the words: “Is it not the case …”. [10] In the section of the Complaint Form where a complainant is required to identify the outcomes sought, Mr YC said: 6.1 Is it not the case that I signed an “irrevocable undertaking” made on 2 October 2009, and is it not true no lawful impediment or reason exists...

5. [2016] NZSSAA 079 (22 August 2016) [pdf, 93 KB]

   ...2015, she commenced full-time employment. Her last benefit payment of $273.88 was made on 11 August 2015. [5] Prior to her benefit ceasing on 6 August 2015, the appellant sought financial assistance to assist her with the transition to work. The form that the appellant completed at the time stated that: The Transition to Work grant can help with costs associated with looking for or moving into work. It can help pay for clothes, transport costs for an interview for work, or with a...

6. [2018] NZEmpC 12 McNabb v Silver Fern Farms Beef Ltd [pdf, 195 KB]

   ...to pay costs, should her challenge be unsuccessful; (d) Ms McNabb has been indecisive about her legal representation and currently only has representation for this application; (e) she is engaged in other litigation and has not responded to a request for evidence of security; and (f) scale costs for a three-day hearing are approximately $23,000. [6] The Senior Advisor – Employment Relations and Resourcing for the Silver Fern Farms group of companies filed an affidavit in sup...

7. [2016] NZEmpC 73 Hill v Tex Onsite Ltd [pdf, 104 KB]

   ...but has declined to do so. Rather he has filed a challenge to the Authority’s determinations and has applied for a stay. The application is opposed by the company. The parties agreed to the application being dealt with on the papers, and requested that it be determined prior to a Judicial Settlement Conference which is currently scheduled for 5 July 2016. Approach [3] A challenge does not operate as a stay unless the Court so orders. 3 The discretion is wide but must be...

8. Deputy Registar - Kohatutaka 6A4E (2010) 12 Taitokerau MB 171 (12 TTK 171) [pdf, 92 KB]

   ...Certificate of Title NA 683/266 was not amended to refer to the new appellation “Kohatutaka 6A4E”. [12] Sometime prior to 1997 the Methodist church building was removed from Kohatutaka 6A4E and the Church resolved to return the land to its former owners. According to Reverend Williamson, who attended the hearing before me on 2 October 2009, the Māori section of the church, Te Taha Māori, was consulted in respect of who the land should be returned to. [13] On 10 December 199...

9. [2016] NZSSAA 014 (2 March 2016) [pdf, 35 KB]

   ...has now been resident in New Zealand for over 10 years as the caregiver of her sick daughter. Her situation should be considered as a special or rare and exceptional circumstance, and New Zealand Superannuation granted on humanitarian grounds. She requests that her exceptional circumstances be considered to outweigh her unlawful presence in New Zealand. In addition, the appellant considers that the number of days counted for the periods of presence and residence in New Zealand by the M...

10. [2016] NZSSAA 012 (2 March 2016) [pdf, 41 KB]

    ...2014. The appellant took exception to this letter because he considered that the letter did not give him the 60 days’ notice required for an increase in rent under the Residential Tenancies Act. He sought a review of decision. He specifically requested that deductions from his benefit for rent not be increased until the matter was resolved. The Benefits Review Committee hearing took place on 4 November 2014. [4] In the meantime, because the appellant had not paid the full amount of...