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1. [2015] NZSSAA 012, 13 March [pdf, 51 KB]

   ...benefits received from overseas to be deducted from entitlement to New Zealand benefits in certain circumstances. The essential elements of s 70 of the Act are that where: • a benefit or pension or periodical allowance granted overseas which forms part of a programme providing benefits, pensions or periodical allowances, is paid to the recipient of a benefit in New Zealand or that person’s spouse, partner or dependents; and • the programme provides for any of the contingenci...

2. ENVC Hearing 6Oct14 DM local Sue Fitchett [pdf, 94 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 (DRAFT) STATEMENT OF LAY EVIDENCE OF SUE FITCHETT (ECOLOGY AND PENGUINS) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 27 Ju...

3. ENVC Hearing 6Oct14 DM local Phillip Judd [pdf, 91 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 (DRAFT) STATEMENT OF LAY EVIDENCE OF PHILLIP MURRAY JUDD (NAVIGATION CONGESTION AND BOATING USE IN MATIAITIA BAY) ON BEHALF OF DIRECTION...

4. [2015] NZSSAA 018, 16 March [pdf, 37 KB]

   ...the money; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [14] Pursuant to s 86(9B) of the Act the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit entitlement under s 12; and (c) any erroneous act by an officer of the Ministry. [15] The requirements of s 86(9A) are cumu...

5. [2015] NZEmpC 215 Owen v CE of the Department of Corrections [pdf, 69 KB]

   ...Owen representing herself and finding that she was unable to proceed further without assistance. The resumed investigation meeting was set to re-commence on 10 June 2014. [3] Ms Owen then employed counsel to represent her. Her claim was reformulated and an amended statement of problem was filed with the Authority. Ms Owen sought an order for a removal to the Employment Court pursuant to s 178(2)(b) of the Employment Relations Act 2000 (the Act). The grounds for this applicati...

6. ABR v ZYN and ZYM [2013] NZDT 35 (20 May 2013) [pdf, 91 KB]

   ...with evidence that would satisfy a reasonable insurer. Law [6] The relevant law is the law relating to insurance contracts. Whether reasonably sufficient proof of loss has been given depends on all the circumstances, including the information available. The phrase “full particulars” of the loss used in a policy wording has been interpreted to mean “the best particulars the assured can reasonably give”. In Challenge Finance Ltd v State Insurance General Manager [...

7. Savage-Pickett - Section 15B3 Block VIII Tairua Survey District (2011) 30 Waikato Maniapoto MB 201 (30 WMN 201) [pdf, 75 KB]

   ...The matter was heard on 15 August 2011. Ms Hall, acting for the applicant made submissions based upon the Court records and title information available from LINZ. I adjourned the matter to chambers to allow Ms Hall to file further information requested by the Court. Once that information was provided by Ms Hall, I then gave the trustees and other interested parties an opportunity to make submissions in response. Background [4] Neither the certificates of title nor the computer...

8. CAC20006 v Mr D [2013] NZREADT 23 [pdf, 85 KB]

   ...was engaged, correctly to report the matter; that I will have done my time once your decision is reached. Is cancellation at this moment in time the real only alternative or should my voluntary suspension period be taken into account? I simply request that this be given your consideration.” Our Conclusions [15] We find that the defendant’s conduct is a severe breach of his fiduciary relationship with his clients. [16] It is put that although there are mitigating features person...

9. Fetherston v REAA & Milne [2013] NZREADT 12 [pdf, 31 KB]

   ...after deduction of commission, (and with the agreement of both the vendor and purchaser’s solicitors) the balance paid to the vendor. The complainant and his wife took possession in April 2010. However the trust did not settle in March 2011 and requested a month’s extension for settlement. The vendor did not grant this. Subsequently an order was brought for possession by the vendor. On 29 September 2011 the High Court granted the vendor possession of the property and cancelled th...

10. Donkin v CAC 10057 & Morton-Jones [2012] NZREADT 44 [pdf, 31 KB]

    ...Complaints Assessment Committee found that Ms Donkin, the manager at Barfoot and Thompson was guilty of unsatisfactory conduct. The Committee commented at paragraph 4.5: “General practice by agents in marketing a property is for the agents to request the vendor to provide a LIM. It is then the licensee’s responsibility to confirm details contained in the LIM prior to advertising any such details. In this case, that of the property being a home and income. It is therefore not s...