Search Results

1. MC & Ors v ND LCRO 377/2013 (13 October 2014) [pdf, 86 KB]

   ...position and our own tactics. … [40] These statements reveal that in accepting instructions, and notwithstanding his advice as to potential costs in his correspondence of 21 and 29 July that indicated estimated costs included litigation in some form, Mr ND primarily believed when he gave the initial estimate, that the matter would be resolved by negotiation with Council. [41] In the circumstances as presented to OP Lawyers, the difference between “an opposed originating app...

2. Heath v Auckland Council [2012] NZWHT Auckland 20 [pdf, 193 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000064 [2012] NZWHT AUCKLAND 20 BETWEEN GLEN JOSEPH HEATH AND MICHELLE SUZETTE HEATH Claimants AND AUCKLAND COUNCIL (formerly known as NORTH SHORE CITY COUNCIL) First Respondent AND LYNETTE GAY HART (NEE BOLTE) Second Respondent AND DAVID GRAHAM DELAMARE (Removed) Third Respondent AND THORNE DWYER STRUCTURES LIMITED Fourth Respondent AND ROBERT LESLEY REID Fifth Respondent AND JULIAN MATTHEW WOUL

3. Nile Mosley v The Real Estate Agents Authority (CAC 409) & Cooper & Co Real Estate Limited t/a Harcourts Cooper & Co [2017] NZREADT 62 [pdf, 304 KB]

   ...tenants have fully vacated the property, we will advise you. This will then bring to a close the Management Agreement between Harcourts Cooper and yourself in regards to [the property]. [10] While there appears to have been no evidence of any formal termination of the fixed term tenancy agreement before the Committee, the tenants did not return to the property, and they stopped paying rent. [11] There is no evidence of any formal termination of the property management agreement...

4. [2017] NZEmpC 157 Johnston v The Fletcher Construction Co Ltd [pdf, 375 KB]

   ...and dismissal; (b) breach of contract in terms of the way in which the restructuring proposal was dealt with; (c) an asserted entitlement to redundancy compensation; and (d) a claim for special damages, general damages, and various other forms of relief. [6] Mr Johnston considered that his claim ought to be determined by the Court, rather than by way of investigation in the Authority at first instance. He accordingly applied to the Authority for an order removing his claim...

5. Hulton Patchell Limited v Mitchell - Pukeroa Oruawhata Trust (2010) 5 Waiariki MB 246 (5 WAR 246) [pdf, 114 KB]

   ...from the Special Aid Fund, costs should lie where they fell but gave opportunity for counsel to make submissions if they considered that appropriate. [20] Mr Kahukiwa had previously sought payment of his costs from the Special Aid Fund and that request was granted in accordance with the Court’s standard practice of an appropriate estimate being provided by counsel at Waitangi Tribunal legal aid rates. Once in receipt of that estimate the Registrar should seek appropriate orders i...

6. AQ v ZF LCRO 243/2012 (26 March 2014) [pdf, 138 KB]

   ...decided it will enquire into the complaint, commonly referred to as a Notice of Hearing. A Notice of Hearing provides the person with particulars of the complaint, invites a written explanation, and may require the person to attend at a hearing, or request particular information. [57] After Notice is given under s 141 it is possible for a person to put the Notice of Hearing before a Court and apply for a stay under s 161. Whether or not a stay is granted is a matter for the Court...

7. Waitangi Tribunal - issue 62 of Te Manutukutuku [pdf, 1.3 MB]

   ...te ao mārama ANGI TE ROPU WHAKAMANA I TE TIRITI O WAITANGI Hakihea / December 2008 From the world of darkness moving into the world of light 1 CONTENTS PAGE NEW MEMBERS 2 MEMBERS REAPPOINTED 4 NEW JUDGES/PRESIDING OFFICERS 5 OBITUARIES 6 FORMER CHAIRPERSONS 8 HONOURS AWARDED TO MEMBERS 10 FAREWELL TO HON DR IAN SHEARER 10 Ngā Tāngata o Te Taraipiūnara Kei te mihi, kei te tangi ki ngā mate, rātou kua wheturangitia. Haere okioki atu ki te waonui a Tāne. Ngā whare e tū...

8. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

   ...the residue of Mr MT’s estate. [23] Mrs HY proceeded to pay out half of the bank balance as at April 2013 to Mrs GJ, in the sum of $53,900. [24] This was an error. In fact the entire proceeds ought to have remained in Mrs GJ’s estate and formed part of the residue of that estate. [25] The error was discovered after Mrs GJ instructed lawyers to challenge some of the deductions that had been made from the bank account funds. [26] When the lawyers discovered what had happened, t...

9. TH v CY LCRO 32/2014 (14 October 2016) [pdf, 94 KB]

   ...the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It involves the LCRO coming to his or her own view of the fairness of the substance and process of a Committee’s determination. [20] Given those directions, the approach on this review, based on my own vie...

10. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

    ...If the charge is under s 73(a) the critical enquiry is whether the conduct is “disgraceful”. Conduct which involves a marked and serious departure from the requisite standards must be assessed as “disgraceful”, rather than some other form of misconduct which may also involve a marked and serious departure from the standards. The point is more than one of semantics because s 73 refers to more than one type of misconduct. In particular, s 73(b) refers to “seriously incom...