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...reviews of decisions made by the Registrar of the Authority. MEMBERSHIP The current membership of the Tribunal is: Judge Paul F. Barber (Chair) Kate Davenport (Deputy Chair) Garry Denley John Gaukrodger Jennifer Robson MATTERS ARISING IN THE LAST 12 MONTHS Judicial matters Judge Paul Barber was appointed as Chair of the Tribunal on 1 October 2011, following the resignation of former Chair, Judge Michael Hobbs. Judge Hobbs served as Chair for two...
...MLC 25 Tairawhiti MB 272 [19 October 2012] IN THE MĀORI LAND COURT OF NEW ZEALAND TAIRĀWHITI DISTRICT 25 Tairāwhiti MB 272 (25 TRW 272) A20120007384 UNDER Sections 43, 67 and 231 Te Ture Whenua Māori Act 1993 IN THE MATTER OF Rahui A12D - Rehearing of application for Review of Trust, Appointment of Trustee and Removal of Trustee BETWEEN PETER TE PUREI Applicant AND TRUSTEES OF RAHUI A12D AHU WHENUA TRUSTS Respondent Hearing: 3...
...obtain access to them, but when I questioned him further about this it was apparent he could have accessed them if he had tried harder. As a result of the failure to complete the pod, CF expressed dissatisfaction, then annoyance, and finally took matters into his own hands and had the work completed by someone else. 10. EX tried to argue at the hearing that CF had not allowed enough time for him to act to finish the work, but it was apparent that even if CF had allowed more time, EX wo...
...to reserve the right to make a new claim against BP if BP was successful in his claim. I explained that this would not be possible, and that if the counterclaim were withdrawn then my decision in this proceeding would be a final disposition of all matters between the parties in relation to the sale and purchase of the boat. TD agreed to this. For clarity however I have recorded above that the counterclaim has been dismissed, which is because TD agreed in the hearing that he did not wish to...
...relying on whanau and other resources, it might be possible to sell the engine separately to mitigate JD’s losses, or to complete a vehicle swap of the front section of the vehicle. 32. However, I must also consider the substantive merits and justice of this matter. JD and his whanau have been without a vehicle for five months and suffered considerable hardship as a result of the collision. To accept ML’s approach would deny JD the opportunity to be put back to the position h...
...newly developing. There is no New Zealand case authority on who is liable to the extent a cyber security breach, such as BEC, happens. However, there are a couple of Disputes Tribunal decisions which deal with BEC and the Tribunal is aware of such matters being resolved as matters between insurance companies. 26. While this is the case, we are able to seek guidance from case authority, albeit limited, from other Commonwealth jurisdictions. The Courts, when considering where the li...
...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...
...information about admissibility of evidence can be found in the Evidence Act 2006. Judgment A formal decision given by a court, including the reasons the judge gives for his or her decision. Judicial decision A decision made by a judicial officer, such as a Justice of the Peace, Community Magistrate or judge. Leave Permission obtained from the court to take some action which, without such permission, would not be allowed. Leave to appeal Permission obtained from the court you are appealing to...
...reopen its earlier investigation into his grievances. The point is, however, that Mr AlKazaz’s appeal rights will not be lost, whether or not a stay is granted. [6] The company is essentially running out of patience in terms of responding to matters raised by Mr AlKazaz and wishes to bring this litigation to an end. That is understandable. Further, the company has prepared for the hearing and would 3 New Zealand Post Primary Te...
...so. More fundamentally, if the application is declined the company will not have the opportunity to be heard on the challenge. [10] As Mr Dawson notes, the Court has a number of helpful resources on its website,2 and information on process matters is available from case officers. [11] Nevertheless, balancing all matters before me I consider it appropriate to grant the extension of time. The company is, however, on notice that no further extension will be granted in these proc...