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1. [2016] NZSSAA 085 (31 August 2016) [pdf, 181 KB]

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

2. BORA Families Package (Income Tax and Benefits) Bill [pdf, 211 KB]

   ...occasioned… 20. As seniors are more susceptible to winter ills and beneficiaries are on low incomes and therefore have a higher likelihood of being impacted by poor quality housing stock, the winter energy payment also serves an important objective. The form of assistance provided is rationally connected to the Bill’s objective, proportionate, and does not go further than reasonably necessary. 2 See Hansen v R [2007] NZSC 7, [2007] 3 N...

3. Maiava v Matauri X Incorporation (2010) 10 Taitokerau MB 106 (10 TTK 106) [pdf, 60 KB]

   ...occupation order. This was, in effect, to replace the licence. In two interim decisions dated 27 November 2007 and 30 March 2009 I ruled that I could not grant an occupation order as the Incorporation did not consent as required by s 328(2). At the request of Mrs Maiava I did not dismiss the application and it currently stands adjourned pending progress of the Incorporation’s papakainga scheme. [5] The Incorporation is currently working on a papakainga scheme for twelve 800m2 s...

4. Davis v ACC [2012] NZACA 1 [pdf, 173 KB]

   ...and then from the appellant's perspective, Holiday Pay for the appellant's accrued but unpaid annual holiday leave of 16.5 days and which, as noted, amounted to $1,965.80. [12] It is the case that DFC provided a significant amount of information about the appellant's earnings for the period from when he first became incapacitated for a time in 1988 through to when he was permanently incapacitated from January 1990. [13] That information as to the appellant's in...

5. [2016] NZCA 54 CA427/2015 Scarborough v Micron Security Products Limited [pdf, 149 KB]

   ...The Judge said this was simply an attempt to relitigate the decision of the Court, and there was no basis for a rehearing such as the availability of fresh evidence. Costs were reserved. (k) 7 August 2015: Ms Scarborough filed a memorandum requesting Judge Perkins or Chief Judge Colgan reconsider the application for rehearing. The Court Registry responded the same day indicating the application for rehearing had been determined and the memorandum would not be forwarded to a...

6. KJ v WN LCRO 46 / 2011 (13 April 2012) [pdf, 60 KB]

   ...other lawyer’s account. [22] Dealing first with Rule 10.7, the circumstances surrounding the Practitioner’s involvement did not indicate that the Applicant was instructing the Practitioner, but rather that the Practitioner had acceded to a request by the Applicant to take over her LSA files that she was no longer in a position to supervise as lead provider. I can see no contractual relationship having arisen between the parties and I therefore can see no basis for the applica...

7. LD v VW LCRO 223 / 2011 (1 June 2012) [pdf, 81 KB]

   ...that she had not taken his case seriously, and that this was his first legal experience and he had no idea about what to do. He said that the Practitioner never had an intention to investigate or construct a case, and that she always put off his requests for a meeting. [12] The Applicant alleged the Practitioner was rude to him when he rang her about the appeal and told him not to call again. He added that she had lost his file (this is not disputed). He denied having been given...

8. Davis v Davis - Estate of Charles Davis (2008) 134 Otorohanga MB 63 (134 OT 63) [pdf, 1.5 MB]

   ...settlement was that the descendants of the original owners would benefit from the land, and an interim Tmst called the Ruapuha Uekaha Hapu Trust was put in place to administer the land while the descendants of the owners were consulted as to the final form the Tmst Order for the land should take. BEVERLEY MARGARET DAVIS V THE CHILDREN OF JOHN CHARLES DAVIS MLC A20060025549 [16 May 2008] (134 Otorohal1ga MB 63 -69) 134 Otorohanga MB 64 [2] In 2003 the Maori Appellate Comi held tha...

9. Morunga - Whirinaki 3B8B1 (2008) 126 Whangarei MB 36 (126 WH 36) [pdf, 1.4 MB]

   ...the matter in Chambers. [13] On 14 May 2007 Mercia contacted the Case Manager to advise that the loan application had been declined for financial reasons . I then set both applications down for a filrther hearing and directed the Case Manager to request Mercia to provide written confirmation from the ASB Bank of the reason for its deci sion to decline finance and for her to advise whether she was pursuing any other avenues for finance. [14] A filrther hearing took place on 24 Septem...

10. Tukerangi - Wiremu Papa Hemana (2016) 139 Taitokerau MB 270 (139 TTK 270) [pdf, 81 KB]

    ...in this case is whether Margaret should be recognised as Wiremu’s whāngai, and whether she should be entitled to succeed. [3] As with all oral decisions, I reserve the right to amend this decision but any such amendments shall only be as to form not as to substance and not to change the outcome of the decision that I am about to make. Background [4] Wiremu Papa Hemana passed away on 19 September 2004. He did not leave a will. He was married to Huhana Hemana. They did not have...