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1. Manuirirangi v Parininihi ki Waitotara Incorporation - Waiokura Te Kauae blocks (2014) 319 Aotea MB 247 (319 AOT 247) [pdf, 211 KB]

   ...against its wishes in another party. In that decision I noted that costs were sought by PKW and directed that submissions be made by PKW in the context of costs within 21 days. The applicant Mr Manuirirangi was given a further 21 days to file any response to those submissions. [2] Detailed submissions have now been received. Issue [3] The questions for determination are whether the Court should exercise its discretion to award costs and if so what level of costs should be awarded?...

2. Johnstone v Denny LCRO 4 / 2010 (13 April 2010) [pdf, 80 KB]

   ...Applicant‟s share of the property. [9] The accounts given by the Applicant and the Practitioner suggested that there may have been a miscommunication between them concerning this matter. I do not accept that the error is entirely the responsibility of the Practitioner. There was information of two lengthy meetings having taken place prior to the mediation, with the Practitioner, the Applicant and the Applicant‟s father, where the assets were discussed. It would be sur...

3. D v T LCRO 36 / 2009 (27 March 2009) [pdf, 23 KB]

   ...the application had not been properly made (due to not being on the prescribed form and not being accompanied by the prescribed fee) and was now outside of the statutory time limit. That was confirmed by an email to Client D of the same date. In response to that telephone call Client D couriered the fee and a completed application form. That fee and application was received by this office on 18 March 2009. [11] I also note that the Standards Committee decision complied with s 1...

4. OP v QR LCRO 339/2013 (28 August 2014) [pdf, 38 KB]

   ...Settlement Statement, whether the purchaser had complied with its obligations under the agreement and was entitled to require the transfer to be released; (c) Whether a purchaser who has paid a deposit in accordance with the contract has any legal responsibility for the failure of the vendors' nominated stakeholder to disburse the balance of the deposit in the way required by the vendor. [12] Having considered all of the material provided and submissions from the parties...

5. Ujdur - Te Kao 86,87,91, and 108 [2016] Māori Appellate Court MB 229 (2016 APPEAL 229) [pdf, 161 KB]

   ...relation to the dwelling on Te Kao 86. Discussion [16] Mrs Ujdur argued that when agreement was reached on 28 November 2015, she understood that she was going to receive rent from both leases including the second lease over Te Kao 91. However, in response to questions from the Court, Mrs Ujdur accepted that she agreed to receive payment in the amount of $1,800 per annum for the next two years. Mrs Ujdur also accepted that she later realised that this figure did not include the...

6. BORA Taxation (Annual Rates, GST, Trans-Tasman Imputation and Miscellaneous Provision) Bill [pdf, 49 KB]

   ...(4th) 200. 4. The explanatory note to the Bill states that the income tax at stake to date in the arrangements of which IRD is currently aware is in the order of $400 to $450 million. This could continue to increase in the absence of a targeted response. 5. Social Security Act 1964; Injury Prevention, Rehabilitation, and Compensation Act 2001; and Property (Relationships) Act 1976. 6. See our advice on the Social Security (Residence of Spouses) Amendment Bill 2001 and the War Pens...

7. Auckland District Law Society v Dorbu [2010] NZLCDT 25 [pdf, 195 KB]

   ...by Priestley J was the only one available on the evidence and the challenge to the finding of an unlawful means conspiracy is also without merit.” [4] We record that it is important that matters of this sort are drawn to the attention of those responsible for professional standards by Judges and fellow practitioners. It is a vital part of maintaining high professional standards and protecting the public. [5] The findings of the Tribunal in relation to each charge and as to credibi...

8. BORA Taxation (Annual Rates for 2015-16, Research and Development, and Remedial Matters) Bill [pdf, 312 KB]

   ...the existing statutory requirement for social security beneficiaries to be assessed for child support. The objective of the policy is to reduce public spending and reliance on social security benefits and to encourage individuals to take financial responsibility for their children. Restricting beneficiaries’ rights to elect to rely on Government benefits instead of retaining the entitlements they receive from private citizens through child support is rationally connected to this objecti...

9. [2016] NZEmpC 75 Bhikoo v Stephen Marr Hair Design Newmarket Ltd [pdf, 96 KB]

   ...required for the hearing of the challenge. Nevertheless, I do not regard the charges made to the defendant as excessive. There was clearly proper consultation between counsel and the instructing solicitor and appropriate sharing between them of the responsibilities 4 <www.employmentcourt.justice.govt.nz/assets/uploads/costs-guidelines-scale.pdf>. necessary in preparation for trial. There were surrounding circumstances...

10. [2016] NZSSAA 016 (11 March 2016) [pdf, 48 KB]

    ...the statements he has made in his various application forms for assistance; and (ii) the appellant cannot be paid for a period in respect of which he did not incur temporary accommodation costs. [11] We note at this point that the appellant’s response to the questions in application forms about whether or not he was living alone are directed to determining marital status, not household size. The submission made on this point is not helpful. Decision [12] The Temporary Accommodati...