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1. LCRO 235/2020 JT v PT (6 May 2021) [pdf, 148 KB]

   ...scenarios8 he has identified. [15] Mr JT submits that the costs awarded to him by the Committee9 should be increased as he had “spent substantially more time in relation to the whole complaint than just for the removal issue”.10 Mr PT’s response [16] Mr PT’s counsel, Mr LV, responded to the application for review. He refers first to the jurisdictional issue that arises when the conduct complained about occurred prior to the commencement date of the Lawyers and Conveya...

2. Hiroti - Succession to Rira Peti Hiroti (2021) 72 Te Waipounamu MB 271 (72 TWP 271) [pdf, 238 KB]

   ...proposed orders dividing Rira’s shares in half with both Peihana and David succeeding to 0.694 shares each. Garnet did not appear at the hearing but provided a written submission as an interested party to the application. His submissions were in response to those made by David at the hearing in Whānganui. 9 63 Te Waipounamu MB 151-155 (63 TWP 151). 10 418 Aotea MB 112-113 (418 AOT 112). 72 Te Waipounamu MB 276 [24] Garnet opposed David’s submissions on the basis t...

3. Bamber v Official Assignee - Lot 39 Deposited Plan South-Auckland 3455 (2021) 260 Waiariki MB 137 (260 WAR 137) [pdf, 243 KB]

   ...vested in the Official Assignee.3 The trustees of the whānau trust then filed an amended application to revest the property in the whānau trust.4 The trustees also applied under s 45 to challenge the order made at the rehearing.5 [3] In response to the Official Assignee’s memorandum of 31 August 2020 seeking costs, I directed that the issue of costs would be reserved until the s 45 application was resolved by the Chief Judge.6 The s 45 application was dismissed and an appea...

4. OIA 98977 [pdf, 1 MB]

   ...types filed between 2010 until 2022 grouped by year / and by gender On 3 October 2022, we advised you that the information had not yet been finalised for release. Please accept my apologises for the delay in getting this information to you. In response to your request, please refer to the following tables: • Table 1: Number of s47 and s56 Parenting Order applications filed, by application type, filing method, and gender, filed between 1 January 2010 and 31 August 2022. • Table 2:...

5. [2022] NZIACDT 23 - TQ v Gibson - Sanctions (7 September 2022) [pdf, 107 KB]

   ...a “PPI” (potentially prejudicial information) letter concerning the residence application to Ms Gibson by email. She did not respond by the deadline. Immigration NZ then sent an email to her on 17 March 2021 noting that there had been no response, so the residence application would be assessed based on the information on the file. She replied on the same day seeking further time. While the visa officer declined an extension, the officer advised that she would accept further...

6. BE v PG Ltd [2022] NZDT 37 (8 February 2022) [pdf, 196 KB]

   ...of 5 9. The CCLA deals with the law surrounding frustrated contracts. The doctrine of frustration applies when further performance of a contract is brought to an abrupt stop by some irresistible and extraneous cause for which neither party is responsible, resulting in the contract being terminated forthwith and the parties being discharged from any further performance. 10. BE says the contract was frustrated because at the time she cancelled it in January 2021, the contract, if p...

7. [2021] NZACC 131 - Jones (10 August 2021) [pdf, 219 KB]

   ...activities do involve a change of posture and therefore the neck itself will undergo some slight movement and change of position. I would not consider that the forces on the neck during these movements are sufficient to cause a neck sprain. [15] In response to the question “do you have any other comments?” Mr Sainsbury wrote “no”. [16] This information was then assessed by the respondent after consultations involving Ms Jones, Ms Chua, Ms Drummond and Ms Kaveney – al...

8. 2022-03-04 John Cocks - Memo - in response to ORC's MOC dated 11 Feb 2022 [pdf, 362 KB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 1 to the 7 (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL (ENV-2020-CHC-128) Applicant MEMORANDUM OF JOHN COCKS PLAN CHANGE 1 CHAPTER 7

9. Factsheet: The number of people impacted by family violence over time [pdf, 178 KB]

   ...people impacted by family violence comes from surveys. Statistics from Police and other authorities do not reflect the true level of family violence because very little is formally reported. Trends in reported offences also reflect change in response agencies’ behaviour rather than change in incidence. Most survey measures focus on specific types of abuse, such as physical violence. Different surveys cover different aspects of family violence (like offences) and different...

10. XQ v T Ltd [2022] NZDT 85 (8 February 2022) [pdf, 214 KB]

    ...refund. T Ltd provided a refund but as T Ltd’s staff said at the hearing, only when it was apparent this matter would be proceeding to the Disputes Tribunal. 10. If T Ltd had taken the goods back and denied liability it would have been XQ’s responsibility to prove that the goods were at fault. However in refunding the cost of the goods T Ltd were in effect admitting liability, and so I found on the balance of probabilities that it is more likely than not that there was a fault. Th...