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1. [2015] NZSSAA 001 (13 February) [pdf, 35 KB]

   ...$34,000 per annum. [12] On 21 July 2014, the Authority wrote to the appellant’s advocate again asking him to provide full details of the appellant’s budget and her assets and liabilities. On 4 August 2014 a bundle of documents was received in response but again no comprehensive budget was provided. This is extraordinary given the failure to provide the information when requested in 2012 and the agreement that the issue of recovery be referred back to the Authority for reconsider...

2. CAC 20001 v Lovegrove [2013] NZREADT 98 [pdf, 75 KB]

   ...only person who showed any interest in the adjacent lot and the only one who asked a question about it. She said had Ms Graham asked her, she would have been happy to make enquiries about the vacant lot but was adamant that she told Ms Graham (in response to the question) that it was being used as a car park at present but that could change. She says that she told Ms Graham that she should go to the Manukau City Council and get a LIM report. She said that, when at street level ag...

3. ACN v ZXR Ltd [2013] NZDT 115 (26 September 2013) [pdf, 73 KB]

   ...liable for the costs of the subsequent work carried out on the hydraulics by [tractor mechanic]. Three-point linkage cable [22] The issue of the three-point linkage cable again relates to the operation of the tractor. JD concedes in his response that: “[it] may well have been stiff prior to delivery and could have stiffened after delivery”. I am giving the benefit of this doubt to the Applicant, and find that the Respondent is liable for the cost of rectifying this issue...

4. Horton v Māori Trustee – Awarua 3D3 No 12B and Awarua 3D3 No 13 (2013) 297 Aotea MB 178 (297 AOT 178) [pdf, 101 KB]

   ...at 4.00pm to consider the application further. In the meantime I requested that counsel attempt to compile a list of issues still extant along details of the amounts due and payable according to the Māori Trustee along with the applicant’s response. [18] Immediately prior to the reconvening of proceedings Mr Takarangi filed a memorandum submitting that terms had been agreed between the parties. He attached an email from Mr Shaw setting out the basis of a proposed settlement of...

5. Te Toki – Hako Hauraki (2013) 2013 Chief Judge’s MB 456 (2013 CJ 456) [pdf, 103 KB]

   ...applicant concluded his oral submissions by requesting that the application be adjourned sine die for mediation to take place, and requesting an opportunity to seek legal advice. [14] On 3 July 2013 the applicant filed brief written submissions in response to the directions of 17 June 2013. The applicant did not address any of the issues set out in the directions, including the implications of the Pue decision. The applicant repeated his request that the application be adjourned sin...

6. ENVC Matiatia expert witness landscape recreation 2014 [pdf, 1.7 MB]

   ...LANDSCAPE, NATURAL CHARACTER, AMENITY, RECREATION AND OPEN SPACE DATED: 22 AUGUST 2014 Landscape, Natural Character, Amenity, Recreation and Open Space Joint Witness Statement I 2 INTRODUCTION 1. This signed joint witness statement is written in response to the Court's Minute dated 4 April 2014, which directed Environment Commissioner facilitated conferencing. This requires that the experts seek to identify and reach agreement with the other expert witness(es) on in the issue...

7. CAC 20004 v Whisker [2014] NZREADT 83 [pdf, 56 KB]

   ...to his accountant’s trust account on 10 October 2012 and instructed his accountant to reimburse clients from those funds. This was not sufficient to meet the total amount owed to the vendor clients, there being a shortfall of $1644.82. 1.11 In response to the Committee’s investigation, Mr Whisker said that “in the first instance the advertising funds were paid into the companies advertising account …”. This was correct in the sense that the vendor advertising funds were paid i...

8. Thomas v CAC304 & Anor [2016] NZREADT 17 [pdf, 129 KB]

   ...additional clauses, in his own hand, to add to the further terms of sale. These included completion of additional works on the property, erecting boundary fences and a concrete pad for parking. [3] Mr Thomas’s initial statement, which was a written response to a complaint, suggested that it was Mr Lang who gave him the additional clause. His brief of evidence for the Tribunal said that it was Ms Loveridge who dictated the clauses to Mr Thomas. [4] However it is what Mr Thomas did n...

9. ENVC Matiatia party corresp costs Direction Matiatia Ltd 201601 [pdf, 316 KB]

   ...of Matiatia Bay forever and impact on all residents and visitors to Waiheke Island in some form or other. As the principal party representing the extensive local submitters and s 274 parties, DMI was duty bound to participate in the proceedings responsibly, actively and with the benefit of the best advice and counsel it could obtain. 8. The proceeding itself involved:  extensive pre-hearing work by DMI to organise the multitude of s 274 parties for the hearing to ensure it c...

10. Guo v REAA & Jackman [2013] NZREADT 1 [pdf, 31 KB]

    ...mistake and insists he will endeavour to be more vigilant in the future. There seems to be little doubt that the licensee referred to Mr Cullen as an architect, indeed a renowned architect, in good faith. [9] One can understand Mr Jackman’s response that agents are expected to be professional people who know how the real estate sector is organised, that ignorance is no excuse, and that the status of the house-designer could have been easily determined by the appellant licensee. [1...