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1. Roest v Cottle Designer Homes Ltd (in liq) [2010] NZWHT Auckland 1 [pdf, 134 KB]

   ...the claims that she was negligent. The Claim against Grant Malone [17] Mr Malone was the builder who constructed the property. He says that he did this work on a labour-only basis. Although Mrs Cottle said that Mr Malone had overall responsibility for the building work,2 she agreed that he did not have responsibility for other subtrades and accepted that he was on a labour-only contract. Mrs Cottle produced a list of the work that she says Mr Malone carried out.3...

2. Huang v Auckland Council [2012] NZWHT Auckland 26 [pdf, 135 KB]

   ...No flashings to the meter box. h) The pergola is nailed through the stucco. [15] The Council contends that these defects have caused widespread damage, requiring a full re-clad. On this basis, and having regard to the relative degrees of responsibility, the Council seeks an 80 per cent contribution from Mr Lamb. Page 5 THE EXPERT EVIDENCE [16] There was substantial consensus between the two experts, the assessor, Mr Nevill and Mr Gillingham, expert witness for...

3. Spring v The Real Estate Agents Authority (CAC 308 & CAC 403) & Buczkowski [2017] NZREADT 82 [pdf, 325 KB]

   ...this complaint for the following two reasons: [a] Statements made to the REAA or the CAC in the course of investigation are protected by s 96 of the Real Estate Agents Act (the Act) and are privileged; and 6 [b] Making a statement in response to a complaint is not Real Estate Agency work as defined in s 4 of the Act, and cannot amount to unsatisfactory conduct only misconduct. In this case, the CAC concluded the comments did not amount to misconduct. [21] Mr Spring ap...

4. Family Court rewrite submission: Office of Childrens Commissioner [pdf, 340 KB]

   ...practical commitment to the principles of the Treaty of Waitangi, including: to partner with iwi and Māori organisations, to have regard to mana tamaiti and the whakapapa of Māori children and young persons, and to recognise the whanaungatanga responsibilities of their whānau, hapū and iwi. 51 A culturally responsive family justice system would also require partnerships with whānau, hapū and iwi, and the development of kaupapa Māori models for care decisions that better recog...

5. LCRO 173/2018 YN v LT (7 March 2019) [pdf, 186 KB]

   ...formed a preliminary view of the complaint. [9] A file note made by the Complaints Service on 15 August 2018, records that: (a) Mr LT had been advised of the complaint; and (b) whilst Mr LT indicated that he was content not to provide a formal response to the complaint, he advised that: (i) he did not consider he had been rude to Ms YN; (ii) he had attended on Ms YN for approximately 45 minutes; (iii) he had not charged for his attendances; (iv) he did not consider she had a “...

6. LCRO 246/2016 AS v NL (25 June 2019) [pdf, 170 KB]

   ...with respect and courtesy; and (e) failure to keep Ms AS informed of progress. [19] Attached to Ms AS’s complaint were several emails that were on the file she uplifted from Ms NL, a copy of Ms NL’s time records and other correspondence. Response [20] Ms NL provided response to Ms AS’s complaint on 23 December 2015. She said: (a) she acted for Ms AS between July and December 2014; (b) legal fees paid by Ms AS “were invoiced on completion of work”. The amount paid w...

7. LCRO 145/2021 AZ v BY (28 October 2022) [pdf, 205 KB]

   ...failure to take the evidence into account, alleged acceptance of “false statements” etc …”14 which, he says, are not warranted. [27] Mr CX then addresses each of the matters raised by Mr AZ in his application for review. Some of his responses are summarised here but I record that I have taken the whole of the response into account in conducting this review. [3] Mr CX disagrees with Mr AZ’s summary of his instructions. He says that Mr BY’s “engagement generally wa...

8. Form-4-Deportation-Appeal-by-a-Non-Resident.pdf [pdf, 460 KB]

   ...10 Where do you want us to send all documents and official notices relating to this appeal?  to me, at my email address  to my representative (details below)  to me, at the address above (for persons under 18 years, this will be the responsible adult’s address) NOTE: You must notify the Tribunal immediately if you change your address or your email address. The Tribunal will rely on the last address you gave, to contact you about the appeal. Step 3. Your representativ...

9. Tupe Snr v Everton - Manunui No 1 4th Residue Ahu Whenua Trust (2015) 334 Aotea MB 227 (334 AOT 227) [pdf, 330 KB]

   ...law, where a loss is caused to a trust by wilful default or negligent breach of duties, all of the trustees are jointly and severally liable, personally. Moreover, as Mr Everton had been appointed “treasurer” for the Trust, then a particular responsibility lay with him. Unsurprisingly, his colleagues emphasised this view on several occasions. Even so, Mr Everton appeared to accept that mistakes were made by the trustees in this context: 30 The Court: The part I do not f...

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

    ...Bill appears to be 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 cl...