Search Results

1. LCRO 13/2019 RA v LO (23 September 2019) [pdf, 146 KB]

   ...RA on a number of occasions prior to the court fixture that had been set down for hearing on 15 March 2018. (b) There was little risk in Ms RA signing an undertaking, where she had faced possibility of a final protection order being made if the matter had proceeded to a hearing. (c) Ms RA and her support person appeared to be receptive to the suggestion that the matter be settled by way of filing of an undertaking. (d) Ms RA had expressed concern that the undertaking would remain...

2. LCRO 84/2024 XA v MQ (25 February 2025) [pdf, 233 KB]

   ...on the sale of their property and the purchase of an occupation licence in a retirement village. [11] Settlement of these transactions was scheduled for (and took place on) 20 October 2022. [12] Mrs YB assisted her parents with all of these matters. [13] Under cover of a letter dated 14 October 2022, copied to Mrs YB, Mr XA sent the following documents and statements to Mr NQ and Mrs MQ: • Settlement statements for the sale and purchase. • Trust account statements for t...

3. Heng v Walshaw [pdf, 550 KB]

   CLAIM NO: 00734 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN JOHN MONTGOMERY HENG AND ANNE ELIZABETH HENG Claimants AND CHRISTOPHER WALSHAW AND MARGARET ANNE WALSHAW First respondents (Intituling continued next page) Appearances: Scott Galloway, counsel for the claimants Chris Walshaw, for the first respondents Tim Cleary, counsel for the second respondent John Morrison, co

4. Huata-Kupa v Tataraakina C -Tataraakina C Trust (2015) 40 Tākitimu MB 207 (40 TKT 207) [pdf, 244 KB]

   ...matter and allow the parties to move forward, in line with the objectives of Te Ture Whenua Māori Act 1993. If the Court was to refuse funding, Mr Kupa argued that Mrs Huata-Kupa would be forced to proceed without the resources to seek natural justice from the Court. [8] The initial estimate filed was for a special aid grant of $19,310.00, which Mr Kupa submitted was reasonable for a matter of this complexity. Invoices have subsequently been filed in the amounts of $7,233.90 and...

5. Fitikefu v Department of Corrections (Strike-Out Application) [2019] NZHRRT 51 [pdf, 224 KB]

   ...14 June 2010. It is accepted that with reasonable speed he complained to the Ombudsman on 10 August 2010. But as the complaint raised issues under the Privacy Act 1993 the correspondence was passed to the Privacy Commissioner who investigated the matter under IPP 11. The conclusion reached by the Commissioner was that there had been no breach of that principle with the result that on 20 November 2012 a Certificate of Investigation to that effect was issued. That brought the investigati...

6. Annexure 2 - Scope Challenges [pdf, 281 KB]

   ...EPA.5 [4] The Environment Court, when considering the plan change, must apply cl 10(1) to (3) of Schedule 1 to the Act as if it were a local authority.6 Schedule 1 provides that the local authority must give a decision on the provisions and matters 1 Note: the court must consider all submissions filed whether or not the submitter is a party to the proceeding. 2 RMA, s 142(2). 3 Note: RMA, s 149E uses the term “proposed plan” and not “plan change”. Section 43AAC RMA d...

7. Langston v Accident Compensation Corporation (Claims process) [2024] NZACC 93 (30 May 2024) [pdf, 214 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 093 ACAR 116/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN PAUL LANGSTON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: S Claver for the Appellant I Hunt for the Accident Compensation Corporation (“the Corporation”) Judgment: 3...

8. LCRO 143/2017 AC v BT (19 February 2019) [pdf, 211 KB]

   ...disrespectful” towards Ms AC, and did not treat Ms AC with respect and courtesy. [110] As I have already noted, the Committee did not consider these aspects of Ms AC’s complaint. For that reason, particularly taking into account the rules of natural justice, it is not appropriate that I hear these matters on review, in effect, at first instance. [111] In my view, the appropriate course for me to take is to refer back to the Committee the whole of Ms AC’s complaint to reconsid...

9. [2012] NZEmpC 44 Lyttelton Port Co Ltd v Maritime Union of NZ [pdf, 74 KB]

   ...whether there is a serious arguable case for trial substantively between the parties. If so, the second question is where the balance of convenience will lie between them pending substantive judgment. The third consideration is whether the overall justice of the case warrants the making of an interlocutory injunctive order because it is equitable and discretionary. [8] The defendants contend that what they accept will be otherwise unlawful strike action will nevertheless not be so...

10. Mr M v CAC 20004 & Lewin & Lewin [2013] NZREADT 63 [pdf, 89 KB]

    ...the agency. The decision should be primarily educative. [19] The Tribunal make this order pursuant to s 108 upon the grounds: 1. It is appropriate in this case that Mr M’s private interests outweigh the public interests and openness of justice. The Tribunal’s decisions in this area having been developing agents understanding of the law and it is therefore appropriate that Mr M’s name be suppressed but the educative needs of the profession met by publishing an anonymised de...