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1. BORA Canterbury Earthquakes Insurance Tribunal Bill [pdf, 616 KB]

   ...consistent with the Bill of Rights Act. t\ copy of the consultation draft of the Bill is attached. 2. The Bill establishes a Tribunal to manage dispu tes between policyholders and insurers (the Earthquake Comrnission, Southern Response or other private insurers) arising out of Canterbut)' earthquake insurance claims. The Tribunal's ju risdiction will be.. limited to claims in respect of residential land and property, and includes: 2 1 Unsettled claimc; made for dama...

2. [2008] NZEmpC AC 49/08 Clear v Waikato DHB [pdf, 109 KB]

   ...conditions were not unsafe and that it did not act inappropriately towards her. It says that any stress or illness suffered by Ms Clear was not caused by it or its employees and that its actions throughout were justifiable. Authority investigation [3] The Employment Relations Authority investigated Ms Clear’s three claims. It determined that one of her claims for unjustified disadvantage was made out because of serious and sustained failures by the DHB to proper...

3. Waitangi Tribunal - Part III Te Urewera [pdf, 6.7 MB]

   T E U R E W E R A P A R T I I I Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz W A I T A N G I T R I B U N A L R E P O R T 2 0 1 2 W A I 8 9 4 T E U R E W E R A P r e - p u b l i c a t i o n P a r t I I I From self-governing native res

4. 2020-10-09-ORC-PC7-s-149G3-Key-Issues-Report-Appendices.pdf [pdf, 6.2 MB]

   ...the following relevant factors in section 142(3) of the RMA: a) The issues the plan change aims to address have aroused widespread public concern or interest regarding their actual or likely effect on the environment, as indicated by the Skelton Investigation; b) The plan change involves or is likely to involve the significant use of natural and physical resources while managing the impact of that use on the environment; c) The plan change affects or is likely to affect areas of natio...

5. AFS and AFT v ZUD and ZUE [2013] NZDT 348 (2 July 2013) [pdf, 104 KB]

   ...of water out of the wet floor area; careless maintenance work on grouting or sealants that have punctured the membrane, or land movement caused by earthquakes. However, whilst these are possible causes, none were established as probable. An investigation carried out for insurance purposes as soon as the damage was found ruled out leaking pipes. Each of the applicants’ witnesses also stated that out of all of these possibilities, the volume of water required to achieve the extent...

6. Phon & Anor v Waitakere City Council [pdf, 82 KB]

   ...claim. Doug Kaill’s company Design and Build Co Limited did the design work for the dwelling but was involved up to building consent stage only. The claim against the Council is also confined to its role in issuing the building consent as a private certifier carried out the inspections during construction. 2. Both the Council and Mr Kaill accept they owed the claimants a duty of care but deny they breached that duty of care. Alternatively if they did breach any duty of c...

7. Coleman v Auckland Council [2012] NZWHT Auckland 41 [pdf, 113 KB]

   ...filed when an application for an assessor’s report is made under s32(1). The date on which Ms Bamford authorised invasive testing was effectively that date as, until Ms Bamford took this step, the assessor was not authorised to carry out the investigation. Time therefore stopped running in respect of Ms Bamford’s claim on 7 April 2009 and any claim based on acts or omissions that occurred before 7 April 1999 is time barred. Was the Council negligent in issuing the CC...

8. [2016] NZSSAA 028 (20 April 2016) [pdf, 78 KB]

   ...She immigrated to New Zealand in 1996. She has remained in New Zealand since that time. 2 [3] The appellant made application for New Zealand Superannuation (NZS) on 13 October 2014 when she turned 65 years of age. [4] In the course of investigating the appellant’s application for NZS it became apparent that the appellant was receiving a pension payment from the Croatian Pension Insurance Institute (Hrvatski Zavod za Mirovinsko Osiguranje). A decision was made that the pa...

9. Trustees of Tauranga Taupo 1B2B2 - Kiko Road (2003) 271 Rotorua MB 155 (271 ROT 155) [pdf, 654 KB]

   ...contain a preamble which reads: "AND WHEREAS by divers operations of law the said Tauranga - Taupo 1 B affected by the said roadway order is now Crown land." It has been suggested that the Judge involved had conducted some sort of investigation and reached a conclusion in this regard. I doubt that, for such matter was not relevant to those proceedings. The short point is that the preamble is not an operative part of the order. The order does not have the effect of changi...

10. Family Court Rewrite Submission - ADL [pdf, 253 KB]

    ...child development expertise to work together with the lawyer for the child would be very helpful. It is our experience, as has been noted in relation to psychologists, that advocates with such specialisation are rare. Costs The Independent Panel investigated costs associated with FDR, cost contribution orders, and application fees. Question 39. Do you agree with the Panel’s proposal that cost contribution orders are modified? Any costs based on a service user’s behaviour...