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1. BORA Maritime Transport Amendment Bill [pdf, 185 KB]

   ...the power to perform the test, and b. provide the worker with a written statement containing information about the purpose of the test, how it will be carried out, the consequences of refusing or failing the test, and the right to appeal and to request a second test. 22. We therefore consider the powers contained in the Bill for both Director and DAMP operator testing are reasonable, and do not breach s 21 of the Bill of Rights Act. Conclusion 23. We have concluded that the Bill a...

2. Dassanayake v Manukau City Council [2010] NZWHT Auckland 18 [pdf, 96 KB]

   ...claimants filed with the Tribunal an application for adjudication on 10 February 2010 and this was accompanied by the claimants’ statement of claim prepared by their legal advisors. [2] On the same date, the claimants filed a memorandum requesting from the Tribunal a determination, as a preliminary matter in this proceeding as to whether the claim must be terminated pursuant to the operation of section 55 of the Weathertight Homes Resolution Services Act 2006 (the Act)....

3. Gower v KPH Construction Ltd [2010] NZWHT Auckland 2 [pdf, 85 KB]

   ...to problems that Mr Gower had raised. KPH had no knowledge of the roof leaking until 2009 when it received notice of the claim. KPH also filed a letter from Far North Roofing Limited, which had visited the property, initially at Mr Gower’s request, in approximately 2004. The letter, dated 25 November 2009, noted that there was a problem with the nails on the roof starting to lift but that this was not an installation fault. The author of the letter (Mr Jonathon Telfer) also...

4. Litchfield & Wells [pdf, 92 KB]

   ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The submission from Marie Litchfield and Graham Wells in response to the assessor’s report. The submission from Alan Light. The assessor’s report dated 19 November 2009. The letter from Laura Tait of the...

5. Auckland Standards Committee 2 v Lawes [2019] NZLCDT 31 [pdf, 297 KB]

   ...of two charges of misconduct. The first related to the management of his trust account. The second concerned his charging a fee to an estate which was found to be by the Tribunal not to be his client, and his refusal to refund the fee on the request of the estate’s solicitors. [2] The Tribunal received submissions from the Standards Committee and from the practitioner in relation to penalty and, after deliberating, made the orders which are set out at the end of this decision,...

6. The Real Estate Agents Authority (CAC 413) v Taylor [2018] NZREADT 59 [pdf, 167 KB]

   ...commission as it was described, of $10,000. She received these payments without any need to carry out the general obligations incumbent upon a real estate agent. She did not need to market the properties for sale. She had only to draw up the form of agreement between the parties and arrange for its execution. [4] The basis upon which the case was presented to the Tribunal was that the transactions that the Licensee was involved in had all the hallmarks of, and in substance were,...

7. FFNZ - EiC - F Doolan-Noble - Rural Health (25 Jan 2021) [pdf, 203 KB]

   ...the Environment Court Practice Note 2014. I have complied with the Code of Conduct when preparing my written statement of evidence and will do so when I give oral evidence. [9] The data, information, facts and assumptions I have considered in forming my opinions are set out in my evidence wherever possible. The reasons for the opinions expressed are also set out in my evidence. [10] Other than where I state I am relying on the evidence of another person, my evidence is withi...

8. Waitangi Tribunal COVID-19 Level 2 Protocol (12 August 2020) [pdf, 146 KB]

   ...the restrictions noted below, the Waitangi Tribunal will carry out all usual scheduled work that can be safely supported. This requires the co-operation of all parties to ensure the Tribunal functions at the fullest extent that it safely can in performance of its constitutional role. 3. Under Level 2, the Waitangi Tribunal may hold some in-person hearings. However, for the safety of Tribunal parties and staff, the majority of Tribunal events will continue to be undertaken on the papers...

9. Waitangi Tribunal COVID-19 Level 2 Protocol (3 September 2020) [pdf, 149 KB]

   ...the restrictions noted below, the Waitangi Tribunal will carry out all usual scheduled work that can be safely supported. This requires the co-operation of all parties to ensure the Tribunal functions at the fullest extent that it safely can in performance of its constitutional role. 3. Under Level 2, the Waitangi Tribunal may hold some in-person hearings. However, for the safety of Tribunal parties and staff, the majority of Tribunal events will continue to be undertaken on the papers...

10. [2020] NZEmpC 147 Carrigan v The Attorney-General [pdf, 167 KB]

    ...Regulations) provides a link through to the High Court Rules. The link is not, however, an automatic route that must be followed when determining matters coming before the Court. [8] As reg 6(2) makes clear, the High Court Rules only apply where no form of procedure has been provided for by the Act or the Regulations. And it is notable that r 4.56 is in comparable terms to s 221(a) in the sense that it contains no additional procedural overlay. What the Rules, however, do is ma...