Search Results

1. Sharko & Ors as Trustees of the Moata Trust [pdf, 99 KB]

   ...months after the date of the final inspection. In such cases the reasons for the delay in issuing the Code Compliance Certificate is relevant. Ultimately however the Court concluded that a decision as to when a house was built was a matter of judgment based on all the information that is available to the decision maker. 6 [15] Lang J also considered the effect of s43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An own...

2. Sharko & Ors as Trustees of the Moata Trust [pdf, 99 KB]

   ...months after the date of the final inspection. In such cases the reasons for the delay in issuing the Code Compliance Certificate is relevant. Ultimately however the Court concluded that a decision as to when a house was built was a matter of judgment based on all the information that is available to the decision maker. 6 [15] Lang J also considered the effect of s43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An own...

3. National Standards Committee v Young [2018] NZLCDT 20 [pdf, 111 KB]

   ...ignore such messages over the next few months. [11] We do note Ms Donovan’s submission that Mr Young was unfortunate to meet such a difficult adversary as the complainant, Mr D, on his first foray into litigation. We also consider that his judgment was impaired by his personal relationship with the parties, but that very fact ought to have alerted him to the need to obtain assistance rather than continue with the matter himself. [12] We accept the submissions of Mr Young’s cou...

4. Urwin v Te Kura – Te Reti B and Te Reti C Block (2014) 74 Waikato Maniapoto MB 277 (74 WMN 277) [pdf, 172 KB]

   ...Hearing: 30 January 2014 (71 Waikato Maniapoto MB 266-283) (Heard at Tauranga) Appearances: Mr Michael J Sharp and Ms Te Rangimārie Williams, Counsel for the Applicants Mr John P Koning, Counsel for the Third Respondent Judgment: 10 April 2014 RESERVED JUDGMENT OF JUDGE S R CLARK Copies to: Mr M J Sharp, Holland Beckett Solicitors, DX HP40014, Tauranga, michael.sharp@hobec.co.nz Mr J P Koning, Koning Webster Lawyers, P O Box 11120,...

5. [2021] NZACC 133 – Larason v ACC (17 August 2021) [pdf, 373 KB]

   ...BETWEEN JEROME LARASON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 21 July 2021 Heard at: Christchurch/Otautahi Appearances: Ms K Coulston for the appellant Mr C Light for the respondent Judgment: 17 August 2021 ____________________________________________________________________ [RESERVED JUDGMENT OF JUDGE C J McGUIRE Personal Injury s 26 Accident Compensation Corporation 2001] ___________________________________________...

6. Dickinson - Succession to Paurini Paengahuru [2025] Chief Judge's MB 1267 [pdf, 307 KB]

   ...orders complained of, although he used their European names. Te ture The law [16] The Chief Judge’s jurisdiction to amend or cancel an order of the Māori Land Court is set out in s 44(1) of the Act and has been well rehearsed in several judgments. However, for the benefit of the parties, I repeat a summary of the law so as to assist them in understanding this jurisdiction. Section 44(1) provides as follows: 44 Chief Judge may correct mistakes and omissions (1) On any app...

7. [2013] NZEmpC 36 Detection Services Ltd v Pickering [pdf, 139 KB]

   ...SERVICES LIMITED Applicant AND CHRISTOPHER LORRAINE PICKERING Respondent Hearing: 1 March 2013 (Heard at Auckland) Counsel: Simon Dench, counsel for applicant Stephen Langton and Ronelle Tomkinson, counsel for respondent Judgment: 15 March 2013 INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE CHRISTINA INGLIS [1] These proceedings have a tangled history, although they remain in their early stages. There are two applications before the Court – an applicati...

8. [2010] NZEmpC 105 Musa v Whanganui DHB & Anor [pdf, 18 KB]

   ...2010 and oral submissions made (at Whanganui) on 4 August 2010 Appearances: Gerard Dewar, Counsel for Plaintiff Peter Churchman, Counsel for First Defendant (appearing and being heard by leave) Michael Leggat, Counsel for Second Defendant Judgment: 4 August 2010 ORAL INTERLOCUTORY JUDGMENT (NO 2) OF CHIEF JUDGE GL COLGAN ON ADMISSIBILITY OF EVIDENCE [1] On the eve of the hearing the plaintiff has challenged the admissibility of some of the evidence intended to be c...

9. Waxman v Pal (Application for Non-Publication Orders) [2017] NZHRRT 4 [pdf, 322 KB]

   ...Waxman to file reply submissions. [7] An open version of Dr Waxman’s application and supporting submissions were duly filed on 4 October 2016 together with closed counterparts. [8] It so happened that on 4 October 2016 the Court of Appeal delivered judgment in Y v Attorney-General [2016] NZCA 474, [2016] NZAR 1512 in which guidance was given in relation to the principles to be applied in civil cases when suppression orders are sought. The Chairperson accordingly issued a further Minu...

10. Reweti - Part Waikoukou No 406 (2015) 96 Taitokerau MB 231 (96 TTK 231) [pdf, 259 KB]

    ...part Waikoukou No 406 BETWEEN GEORGE WATENE TAUTARI Applicant Hearing: 29 June 2009 20 September 2010 27 August 2013 30 October 2013 28 July 2014 24 November 2014 (Heard at Auckland and Reweti Marae, Waimauku) Judgment: 19 February 2015 RESERVED JUDGMENT OF JUDGE M P ARMSTRONG 96 Taitokerau MB 232 Introduction [1] Lot 1 and Lot 2 Deposited Plan 150873 (“Lot 1 and 2”) are adjoining blocks of Māori freeh...