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1. Bell v McDonnell - Mataimoana (2017) 374 Aotea MB 298 (374 AOT 298) [pdf, 396 KB]

   ...preparing his report. [15] After the hearing, I directed the case be set down for hearing in October, November and December 2017. So, the issue of delay has now been addressed. [16] Regarding claims of alienation of the land, I am satisfied that the response provided by the Whanganui Trust properly explains the arrangement with Mr Rodie. The use of the land is specific and limited and provides no impediment to the progress of the application. I accept Dr Gilling’s submission th...

2. Complaints Assessment Committee 408 v Colin Boyer [2017] NZREADT 43 [pdf, 199 KB]

   ...sale included that he would make every endeavour to become licensed within this three year period. 5 Mr Cloete never became licensed within this three year period. 6. During this period, Mr Boyer allowed Mr Cloete, who was not licensed, to take responsibility for the listing of 10, 10A and 10B Gwenand Place. 7 The vendor, Ms Anthony, signed an agency agreement for all three properties with Mr Cloete. 8 Mr Cloete prepared a marketing proposal for 10, 10A and 10B Gwenand Place. 9...

3. [2019] NZEmpC 18 Watts & Hughes Construction Ltd v De Buyzer [pdf, 315 KB]

   ...concluded that Mr de Buyzer’s evidence before the Authority had been incorrect. It then instituted the challenge. It says that at the hearing of the challenge, it will provide the additional information which it has now obtained. [26] In response, it is asserted for Mr de Buyzer that the so-called fresh evidence should have been provided to the Authority. Applicable principles [27] Rule 15.1 of the High Court Rules 2016 applies, via reg 6 of the Employment Court Regulation...

4. Jonas v The Real Estate Agents Authority (CAC 412) and Hartnett [2019] NZREADT 002 [pdf, 326 KB]

   ...in accounting. It concluded that when the licensee advised the appellant to obtain legal advice, the appellant refused the suggestion. While this did not excuse the licensee, the Committee concluded that the appellant had to accept a degree of responsibility for the position that he found himself in. [33] The appellant apparently does not dispute that he told the licensee that he had been an accountant. It is true that he sought to minimise the significance of his previous occup...

5. [2019] NZEmpC 48 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 370 KB]

   ...this action, or failed to protect her interests, or to have breached their fiduciary duties to her. [27] Dr Sawyer’s affidavit goes into extensive detail providing her explanation for how she claims this alleged activity occurred, who was responsible, and its consequences. She does so by stating her belief that these events have taken place. Her conclusion is that the High Court is the appropriate forum in which she can pursue her allegations. The High Court is also said by...

6. [2019] NZSSAA 19 (1 April 2019) [pdf, 153 KB]

   ...date of hearing, she had been three years in this position. 7 The case for the Ministry [26] Mr Stainthorpe said that the Ministry relied on its submission to the Benefits Review Committee and its report and further submissions in response to the appeal. He said that the two requirements for Emergency Benefit are that there is no other benefit available and the applicant has insufficient livelihood. [27] He said that Student Allowance was the same amount as Jobseeke...

7. Handy v New Zealand Fire Service Commission (Strike-Out Application) [2018] NZHRRT 27 [pdf, 351 KB]

   ...Handy’s bundle of documents and excerpts from the bundle which refer to racial harassment. [10.3] Mr Handy’s Amended Application to ERA dated 1 April 2015. [10.4] ERA Minute dated 2 April 2015, referring the matter to mediation. Mr Handy’s response to strike-out application – timetable extensions The timetable set in the Chairperson’s Minute of 21 October 2016 provided for any opposition to the strike-out application to be filed by 13 January 2017. Mr Handy applied 4...

8. Martin Trusts TRI-2017-100-006 Procedural Order 9 [pdf, 256 KB]

   ...defect do not prevent him from adequately considering and responding to it. There is adequate documentary and expert evidence about that defect. There are factual disputes as to the circumstances under which this defect came to be and who is responsible for that, but I cannot determine that now. [40] It will be an issue at the hearing as to whether, in relation to defects where there is adequate evidence, those defects are significantly serious to justify the remedial work u...

9. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 455 KB]

   ...Executive of the Ministry of Justice. 55 Mediation services will be provided by the Ministry of Business, Innovation and Employment. Part 1 of the Bill contains a definition of ‘chief executive’, which is the chief executive of the department responsible for mediation services under the Act. ‘Department’ is defined as the department with the authority of the Prime Minister that is responsible for the administration of mediation services, which is the Ministry of Business, Innovat...

10. [2018] NZEnvC 144 Auckland Council v Braines [pdf, 377 KB]

    ...off the Fowler Access Road entrance on the first day. How on earth can Council justify these actions when all Council staff had to do was knock on the door and discuss with the property owners any potential issues they had concerns with? [15] The response of the Applicant is that much of what the Council officers needed to inspect was located inside the various dwellings (paragraph 7.2, Council reply). [16] The respondent may not appreciate that the Council's inspection powers do...