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1. Top Energy Ltd - Whakataha Z1C (2015) 117 Taitokerau MB 109 (117 TTK 109) [pdf, 149 KB]

   ...sum of $2,500.00 (inclusive of GST and disbursements) to be met out of the compensation to be held with any costs exceeding that sum to be met by Top Energy Limited; (iv) Thomson Wilson shall seek further orders or directions from the Court in relation to the compensation funds depending on whether an ahu whenua trust is established. 117 Taitokerau MB 112 [6] Counsel are to file draft orders for signing and sealing by the Court. Pronounced in open Court in Whangarei at 4...

2. Deputy Registrar - Rotokakahi Y (2012) 39 Taitokerau MB 180 (39 TTK 180) [pdf, 120 KB]

   ...BETWEEN DEPUTY REGISTRAR Applicant Hearing: 1 November 2011 (Heard at Kaitaia) Judgment: 1 May 2012 RESERVED JUDGMENT OF JUDGE D J AMBLER 39 Taitokerau MB 181 Introduction [1] This application seeks to tidy up some relatively minor title issues that arise from errors in Court orders made in 1981 that revested areas of closed road in various Māori land blocks. It is part of the residue work from the Māori Freehold Land Registration Project (“the Proj...

3. [2014] NZEmpC 151 Nathan Joyce v Silveroaks Group Ltd [pdf, 54 KB]

   ...[2] Although Mia Nathan-Joyce is now known as Mia Larsen-Joyce, there has been no formal change to her name in the proceeding and I will continue to refer to her as Ms Nathan-Joyce. [3] By a determination issued on 1 May 2013, 1 the Employment Relations Authority dismissed Ms Nathan-Joyce’s claims of underpayment in employment and unjustified dismissal. On 6 June 2013 Ms Nathan-Joyce applied for leave to challenge the Authority’s determination after the expiry of the 28 day pe...

4. [2014] NZEmpC 127 Hall v Dionex Pty Ltd interlocutory [pdf, 52 KB]

   ...application is granted. [5] The difficulties that the defendant has confronted are adequately explained in the material before the Court. I do not accept that the plaintiff will be unduly prejudiced if the application is granted. The extension is a relatively modest one – to 31 July 2014 – and no new dates have yet been allocated for the hearing. It may be that additional time will be required, depending on the extent of the evidence in reply, but if additional time is requ...

5. [2015] NZSSAA 017, 13 March [pdf, 24 KB]

   ...of the error promptly, therefore they should not have to repay the debt. Decision Calculation of the overpayment [5] The calculation of the overpayment is set out in paragraph 6.4 of the s 12K Report. The appellant did not raise any issues relating to the calculation. Recovery of the debt [6] The issue in this case is whether or not the overpayment should be recovered. [7] Generally speaking, overpayments of benefits are debts due to the Crown and must be recovered. Ther...

6. Melrose – Torere Section 64 Incorporation(2014) 94 Waiariki MB 28 (94 WAR 28) [pdf, 92 KB]

   ...are each respectively seeking to transfer, according to a valuation dated 31 March 2012, is approximately $199.38. They also seek orders under s 158 of the Act granting an exemption from the need to furnish special valuations. Mr Garry Watson is related to the applicants by blood, as their grandmothers were sisters. Māori Land Court Hearings [4] At the first Māori Land Court sitting on 5 September 2013, I noted that both Mrs Melrose and Mrs Thomas have four children. When asked t...

7. ENVC Matiatia party corresp agreed statement issues [pdf, 74 KB]

   ...height and shape of the proposed breakwaters? b Does the design (and/or location) of the marina mitigate its adverse visual and landscape effects to an acceptable degree? 6. Ecological: a Is additional quantitative baseline data required, relating to species that are resident and migrant in the Bay, water chemistry, sediment quality and hydrology before an appropriate assessment of the ecological effects can be made? b What is the anticipated scale of potential effects on...

8. Hunt v CAC 10056 & Smith [2013] NZREADT 86 [pdf, 22 KB]

   ...earthquake struck the Christchurch region. The licensee contacted the complainants again. At this stage, the licensee was employed by Devlin Real Estate Ltd, Rangiora. The appellant entered into a listing agreement with the agency for one week only and relating specifically to the previous prospective purchasers. [6] The licensee did not provide a written market appraisal for the property nor details of comparable sales in the area. In April 2011, after numerous telephone calls and...

9. ABQ and ABR v ZYO [2013] NZDT 56 (5 June 2013) [pdf, 83 KB]

   ...The Tribunal has jurisdiction to hear claims based in contract and in tort. A tort is a civil wrong. Claims in tort can be heard by the Tribunal in respect of the destruction, loss, damage to or recovery of property. Negligence is the relevant tort relating to this claim. Negligence concerns the duties that a person owes another to take care. A driver is negligent if they breach a duty they owe to another driver and cause damage as a result. [5] In determining this claim, I have co...

10. AFL v ZUK [2012] NZDT 283 (14 January 2012) [pdf, 79 KB]

    ...ZUK’s car, rather ZUK created the hazard when he opened his door in front of AFL’s car. [8] ZUK is obliged to pay reasonable costs to compensate AFL for the damage to her vehicle. KXR Insurance Ltd has provided the following evidence in relation to the damage caused by the collision and the cost to repair the damage: (i) Two photos showing damage to the front passenger’s-side of AFL’s car consistent with the description of the accident; (ii) A damage assessment from a...