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1. [2008] NZEmpC AC 37/08 Orakei Group (2007) Ltd (formerly Axiom Rolle PRP Valuations Services Ltd) v Kapadia & Ors [pdf, 44 KB]

   ...Equity’s solicitors further proposed that if their client was no longer concerned in their dispute between Orakei Group and Mr Kapadia and if Orakei Group paid Equity the sum of $38,000 as a contribution to its costs and those of Mr Andrews, the matters between these persons would be settled. The letter confirmed that if Equity’s proposals were not accepted and if it was successful in its application to discharge the ex parte orders, it would be seeking full indemnity costs aga...

2. Fehling v Appleby (Recusal Application) [2014] NZHRRT 11 [pdf, 65 KB]

   ...faithfully reported events as seen from their respective perspectives. The difficulty, however, is that in her brief of evidence Ms Sloane largely reported the untested but nevertheless prejudicial views of others. When in her evidence she attested to matters within her in own knowledge, the evidence of Ms Sloane was largely in favour of Mr Fehling or at least neutral. [61] As to Ms Adamson, we accept she is sincere in her belief that she does not feel safe in the presence of Mr Fehl...

3. BORA Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Bill [pdf, 276 KB]

   9 May 2013 ATTORNEY-GENERAL LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: HOUSING RESTRUCTURING AND TENANCY MATTERS (SOCIAL HOUSING REFORM) AMENDMENT BILL 1. We have considered whether the Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Bill (PCO 15290/2.4) (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that the Bill w...

4. EMPC - Pro bono assistance service application [pdf, 296 KB]

   ...extent that the law permits, you agree to exclude any liability of any nature whatsoever which the Service or its volunteer lawyers or ADLSI, or any of ADLSI’s or the Service’s other servants or agents, might otherwise have to you in respect of any matter arising out of or in any way connected with the provision to you of assistance pursuant to these terms and conditions. Cancellation of appointments 9. We understand that it may be necessary for you to cancel your appointment in ce...

5. ENVC paper Legal Aid Assistance Fund Conference 2015 [pdf, 214 KB]

   Environment Court Level 2, 41 Federal Street, Auckland CBD, New Zealand PO Box 7147, Federal Street, Auckland 1010 Telephone: 09 9169091 Fax: 09 9169090 www.justice.govt.nz/courts/environment-court Environment Judge LJ Newhook Principal Environment Judge Paper for delivery to Environmental Legal Assistance Fund Annual Workshop Friday 17 July 2015 1. At the beginning of this year the Environment Court published its first ever Annual Review by...

6. BORA Harmful Digital Communications Bill [pdf, 303 KB]

   ...investigate complaints of harmful electronic communications and seek to resolve them through negotiation, mediation and persuasion. Clause 8(1)(c) provides that the agency need not investigate complaints where the complaint is trivial, where the subject-matter is unlikely to cause harm or where investigation is unlikely to uphold or enhance the communication principles. The agency is also, presumably for the avoidance of doubt, required to act consistently with the Bill of Rights Act: se...

7. Wai 2180 Taihape inquiry newsletter 5 Aug 2017 [pdf, 1 MB]

   ...Research Analyst/Inquiry Facilitator The inquiry facilitator is responsible for the day to day procedural aspects of the inquiry, planning and supporting Tribunal events. They are the central point for liaison on procedural and evidential matters between the Tribunal and external parties involved in the inquiry, such as claimants, claimant counsel, the Crown Forestry Rental Trust (CFRT) and the Crown. Matthew Cunningham 04 471 4936 Matthew.Cunningham@justice. govt.nz Inqui...

8. Barfoot & Thompson v Real Estate Agents Authority & Ors [2016] NZREADT 74 [pdf, 190 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2016] NZREADT 74 READT 13/16 UNDER THE REAL ESTATE AGENTS ACT 2008 IN THE MATTER OF AN APPEAL UNDER SECTION 111 OF THE ACT BETWEEN BARFOOT & THOMPSON LIMITED and SUZANNE SAYWELL Applicants AND THE REAL ESTATE AGENTS AUTHORITY (CAC) First Respondent AND TREVOR WATT and ROBYN WATT Second Respondents Tribunal: Ms K Davenport QC – Chairperson Ms C Sandelin...

9. ND Ltd v BX & TX [2020] NZDT 1561 (15 July 2020) [pdf, 201 KB]

   ...the process of remedying and completing work when BX ordered ND LTD off the site. ND states she asked many times for the snag list. She told the Tribunal receiving a snag list is common practice in the industry. She states a snag list includes any matters needing to be remedied and on receipt the matters needing attention are remedied. 18. BX & TX state they inspected the property over the weekend of 25 and 26 May 2019 with the intention of creating a snag list. TX told the Tribuna...

10. KD v QX Ors [2019] NZDT 1605 (26 September 2019) [pdf, 201 KB]

    ...were not to be on the clearlite roof and he took no action. There is no such evidence presented to the Tribunal and therefore I must dismiss this claim for offset for damage to the clearlite roof. 19. Last, in relation to any claim for offset for matters related to damage and cleaning to the house and surrounding areas; the Tenancy Tribunal has jurisdiction, under s 77 (1) of the Residential Tenancies Act 1986, to determine any dispute that exists between a tenant and a landlord that