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1. [2019] NZEnvC 184 Ngati Whatua Orakei Whai Maia Limited v Auckland Council [pdf, 25 MB]

   ...resource consent and any submissions received, the consent authority must, subject to Part 2, have regard to- (a) (ab) (b) any relevant provisions of- (i) a national environmental standard: (ii) other regulations: (iii) a national policy statement: (iv) a New Zealand coastal policy statement: (v) a regional policy statement or proposed regional policy statement: (vi) a plan or proposed plan; and (c) any other matter the consent authority considers relevant and reasonably nec...

2. Puohotaua v Paranihi - Rakato and Part Rakato B Māori Reservation (2024) 486 Aotea MB 31 (486 AOT 31) [pdf, 284 KB]

   ...supporting the Reservation trustees in recent times. Piri Cribb is not a Reservation trustee nor an Ahu Whenua trustee. Piri Cribb has no responsibility or oversight for the management of the removal application. Piri Cribb did submit a written statement on the day of the Court hearing relating to the removal application. [11] The Māori Appellate Court overturned a decision I made at 470 Aotea MB 115-116 involving Ms Puohotaua. That application related to the Ahu Whenua Trust a...

3. CK v HC & KD [2024] NZDT 537 (11 June 2024) [pdf, 169 KB]

   ...defects, safe and durable. This is judged against what a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard as acceptable, and takes into account the nature of the goods, any statements made about the goods, the price, as well as all other relevant circumstances of the supply of the goods. 15. CK and HC acknowledge that they were aware that hip and elbow dysplasia is a common genetic defect in [dog breeds], as a r...

4. 2018 NZSSAA 003 (17 January 2018) [pdf, 171 KB]

   ...items that were defined as income for the purposes of the Social Security Act 1964. They included funds and gains accessed from the company, and also the appellant’s personal commercial activity. [29.3] She also identified that the financial statements of the company treated some income as capital. [30] A technical officer in the Ministry’s Fraud Intervention Services Unit gave evidence that the quantum identified by the chartered accountant disqualified the appellant from r...

5. [2023] NZEmpC 63 Hilford v Board of Trustees of Whangarei Boys’ High School [pdf, 245 KB]

   ...been sent to a defunct email address which he had formerly operated. [6] It is submitted for Mrs Hilford that in these unusual circumstances, there was a short period of approximately a week within which her application for leave and proposed statement of claim were drafted and filed, and that she thus raised the challenge in a timely way once she became aware of the Authority’s determination. Background [7] The present application relates to an investigation meeting which was he...

6. Waitangi Tribunal - remaining historical claims update [pdf, 2.8 MB]

   IN THE WAITANGI TRIBUNAL CONCERNING the Treaty of Waitangi Act 1975 AND remaining historical claims MEMORANDUM OF THE CHAIRPERSON CONCERNING REMAINING HISTORICAL CLAIMS 7 June 2016 2 Tēnā koutou katoa 1. This memorandum is to inform claimants who may have remaining historical claims that arise in the North-Eastern Bay of Plenty area that a hui will be convened to hear their views on whether or how they wish the Tribunal to...

7. Zhang v Samsung Electronics New Zealand Ltd (Strike Out Application) [2023] NZHRRT 42 [pdf, 175 KB]

   ...Dr NR Swain, Member REPRESENTATION: Mr T Zhang in person Mr J Edwards and Ms BJ Shone for defendant DATE OF HEARING: 27 May 2021 DATE OF DECISION: 20 December 2023 DECISION OF TRIBUNAL STRIKING OUT THE STATEMENT OF CLAIM1 [1] Mr Zhang alleged that Samsung Electronics New Zealand Ltd (Samsung NZ) discriminated against him in breach of s 44(1)(b) of the Human Rights Act 1993 (HRA) (which relates to the supply of goods or services) on the basis of his rac...

8. LCRO 13/2024 OB and HG v NC (12 June 2024) [pdf, 228 KB]

   ...UG had directed in his will that repayment of the loan was not to be demanded until six months after Mr KG’s death. Mr KG survived him and died in May 2021. [12] The amount of the loan was not stated in the will but was referred to in three statements of assets and liabilities prepared by Mr UG and left either with the will or in Mr UG’s papers, as at 27 October 2008, 16 February 2010 and 10 March 2012 respectively. [13] In the 2008 statement, Mr UG ascribed a value of “$100,0...

9. Human Rights Act 1993

   A   B   C   D   E   F   G   H   I   J   K   L   M   N   O   P   Q   R   S   T   U   V   W   X   Y   Z A Access to Tribunal file – application by plaintiff for return of certain documents – allegation by plaintiff of theft and destruction of documents – importance of maintaining Tribunal’s file intact – Public Records Act 2005, ss 17 and 18 Mullane v Attorney-Ge

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   3. Decisions - Index

10. Gao & Simons v Real Estate Agents Authority (CAC 20005) & Ors [2016] NZREADT 82 [pdf, 184 KB]

    ...to speaking to the complainant. This was confirmed by Ms Peacock who recorded the bids and by Charmaine Wood who was helping the complainant. The CAC found that the auction was paused. [33] At the hearing the Tribunal heard from Ms Gao who claimed that she did not hear any statement from Mr Broadbelt that the auction was paused and because of the short lapse of time between Mr Broadbelt talking in the auction, she did not consider that Mr Broadbelt had had time to speak to the v...