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1. 29 Unit Owners in The Anchorage [2012] NZWHT Auckland 33 [pdf, 100 KB]

   ...construction that is the relevant consideration in relation to whether a council owes a duty of care to unit owners. As a result it is now indisputable that the Hamlin duty of care is owed to owners of premises intended for use as a home, whatever form the home takes. [8] North Shore City Council v Body Corporate 2076242 (Spencer on Byron) considered the issue of whether a duty of care was owed in the context of a mixed use complex. The majority of the Court of Appeal concluded...

2. [2017] NZEnvC 166 Clarence Harvest Ltd v Waimakariri District Council [pdf, 1.7 MB]

   ...could be argued that the appeal had merit. However, if the appeal had only been on that rather procedural issue it is doubtful that the Glubbs would have felt compelled to become involved. [27] Within three weeks of lodging its appeal the appellant requested a three month adjournment so that its air discharge expert could do further work. When this was refused the appellant then sought an extension of six weeks to the evidence exchange timetable. The application was made on Tuesday...

3. [2017] NZEnvC 202 MacKenzie District Council [pdf, 2.1 MB]

   ...Mackenzie DIstrict ouneil ex parte Decision December 20 7 '-0 tIf.11': '* /1.;,1' ~< ~~<; f , . .:.~~/ 2 C: For the avoidance of doubt Rules 1.1 to 1.3 of PC18 - marked Appendix "A" and attached to and forming part of this Decision - have legal effect in the Mackenzie Basin Subzone on the date PC 18 is notified. 0: Costs are reserved. E: Leave is reserved for any person to apply, upon notice, to set aside all or part of any of orders A to...

4. [2016] NZSSAA 113 (22 December 2016) [pdf, 115 KB]

   ...applied for and was granted Accommodation Supplement. This grant was later cancelled. On 17 June 2015, he was advised of the decision to decline his application for the year ending 31 March 2014. On 3 and 11 August 2015, he was advised that his request for Accommodation Supplement was declined for the years ending 31 March 2012, 31 March 2013 and 31 March 2014. [5] The appellant sought a review of these decisions. The matter was reviewed internally and by a Benefits Review Comm...

5. Dermot Nottingham, Philip Nottingham, Robert McKinney & Property Bank Realtor Limited v The Real Estate Agents Authority (CAC 10057) & Martin Honey [2017] NZREADT 61 [pdf, 183 KB]

   ...briefs of evidence were prepared in December 2015, for the purposes of the Tribunal rehearing, so that Ms Earlan and Ms Muller could be advised of the areas of dispute. Mr Simpson advised that they were circulated amongst the parties in an unsigned form, but not filed in the Tribunal. [21] Mr Simpson submitted that if the briefs of evidence are admitted, the Tribunal is unlikely to be able to afford significant weight to unsigned statements which have not been formally adopted by...

6. [2016] NZSSAA 083 (29 August 2016) [pdf, 108 KB]

   ...be able to trace the phone calls. Mr XXXX said that he had not been made aware until recently of the Ministry’s 0800 number. He had never received letters from the Ministry advising of changes in his payments. He would like the Authority to request copies of video surveillance of his appointments with his case manager. 3 [8] On behalf of the Ministry, Ms Sieuva noted that: (i) the Ministry does not have a record of Mr XXXX declaring his income on a regular basis....

7. [2016] NZSSAA 64 (30 June 2016) [pdf, 187 KB]

   ...Corporation then reimbursed the Ministry for the net amount of benefit paid. Adjustments in relation to tax occurred in accordance with the interdepartmental procedures in place to deal with these circumstances. [6] In addition, the Chief Executive requested reimbursement from the appellant of Accommodation Supplement, Disability Allowance and GST Assistance paid to him. At various times, the amount it required the appellant to repay was stated to be $18,003.55. The Ministry’s...

8. 2011 NZCA 141 [pdf, 109 KB]

   ...the offending was said to have started and 15 when it came to an end. [2] The Crown case was that Mr Webster committed many of the crimes in a rather sinister way: it said that on many occasions he rendered the girl unconscious using chloroform so that she would not remember what he had done to her. Sometimes he put chloroform on a cloth which he placed over the complainant’s mouth. Other times he administered the chloroform using a funnel device. On a small number of occas...

9. A Nair v Devi [2014] NZIACDT 87 (15 September 2014) [pdf, 182 KB]

   ...communicate adequately with the complainant so as to ensure filing could occur on time. The result was that Immigration New Zealand could not consider his application. [3] The Tribunal found the complainant had provided Ms Devi with all the information requested. In addition, a staff member in the adviser’s practice told him Ms Devi had a relationship with Immigration New Zealand that guaranteed his application would be successful. [4] The Tribunal found the complainant’s account wa...

10. Deputy Registrar v Severne - Okahukura 8M2C2C2B (2017) 365 Aotea MB 174 (365 AOT 174) [pdf, 193 KB]

    ...activities that were designed to support and empower owners for the better use and development of their land. She had involvement with a group Te Ha o Tongariro: a Ngāti Hikairo venture which she said by letter dated 12 February 2016 was a group formed by Rotoaira whānau to assess the viability of cultural activity options in the Tongariro-Rotoaira basin. By her letter Ms Gardiner confirmed that she had been involved in working in the tourism industry for many years and believed...