Search Results

1. [2021] NZREADT 21 - Kemp & Scoble (5 May 2021) [pdf, 268 KB]

   ...[40]. 5 At [53]. 6 At [42]–[43]. 7 At [26]. 8 At [29]. Committee’s submission that the recommendation to obtain a building report fell well short of what was required under the Rules.9 [17] The Tribunal rejected the defendants’ claim that r 10.7 only obliged them to disclose defects if they had actual knowledge of an actual defect and concluded that their decision that they did not need to disclose the party wall issue was a serious departure from acceptable stand...

2. Broad v Samson - Otarihau 2B1C (2018) 169 Taitokerau MB 138 (169 TTK 138) [pdf, 391 KB]

   ...way. The application was then set down for a substantive hearing.2 [7] On 16 December 2011, Judge Ambler directed that the injunction remain in place. In addition, he indicated that Massey Samson and Reuben Capill would supervise the reinstatement work to be undertaken by Stephen Ashby.3 [8] On 14 August 2012, Massey Samson advised that the remedial work had been completed, but that there was some concern as to the standard of the remedial work. Judge Ambler then issued a m...

3. Hutana - Estate of Te Whe Ariki Hutana (2019) 53 Te Waipounamu MB 97 (53 TWP 97) [pdf, 329 KB]

   ...interests in the Tītī Islands.2 No orders were made in relation to the remaining land interests and the application was adjourned sine die after the Court was advised that whānau members intended to challenge the will. [6] Te Whe Phillips filed a claim challenging the will in the High Court in 2007. She sought an order to have the grant of probate recalled on the grounds that her mother had dementia and lacked testamentary capacity at the time of the execution of her will. This c...

4. King v Te Aretoa - Succession to Puti Green [2021] Chief Judges MB 132 (2021 CJ 132) [pdf, 408 KB]

   ...seeks to amend a succession order at 108 Waikato MB 30-32 (5 October 2015) relating to Puti Wendy Hohaia Green or Puti Green or Wendy Green or Puti Green (Mrs) or Wendy Puti (the deceased) who is the applicant’s half sister. 2. The applicant claims the said order is incorrect due to a mistake, error or omission on the part of the Court because: a) The deceaseds whāngai mokopuna received the interests, do not have any blood ties to the deceased; b) The Court did not notify th...

5. Director of Proceedings v Counties Manukau District Health Board [2020] NZHRRT 4 [pdf, 578 KB]

   ...making the above declaration based on the facts set out in the agreed summary of facts, and the non-publication order sought in paragraph 2(b). 5. The defendant does not seek any order prohibiting publication of the defendant's name. 6. In the statement of claim the plaintiff also sought the following relief: (a) damages pursuant to s 57(1 ); and (b) costs. 7. These other aspects of the relief claimed by the plaintiff have been resolved between the parties by negotiated agreemen...

6. [2021] NZACC 104 - A v ACC (16 July 2021) [pdf, 309 KB]

   ...basis. As time passed “A” began to struggle with mental health issues. He was getting some professional help for this but it was not enough. By February 2018 he was no longer able to work and the business was sold. [4] His GP made a claim to ACC on 16 October 2017. His claim was accepted by ACC on 30 March 2018 and he was granted cover for work related mental injuries. His diagnoses were Post Traumatic Stress Disorder (“PTSD”) and Major Depressive Disorder (“MDD...

7. Fraser v Accident Compensation Corporation (Personal Injury) [2023] NZACC 141 [pdf, 265 KB]

   ...Enright noted that: [According to the relevant literature] the stated risk factor for inducing SIJ pain include: traffic accidents, twisting, lifting of heavy objects, or falling on the buttocks. Both of Mr Fraser’s accidents are included in the statement above, refuting [Mr Hunter’s] comments. Kapour et al (2020) echo this stating “SIJ pain may also be due to injuries sustained from falling directly on the buttocks”. [20] The matter proceeded to a review hearing on 9 Novemb...

8. LCRO 9/2022 LJ v TW obo trustees of PQ and RQ Family Trust (19 June 2024) [pdf, 183 KB]

   ...outstanding rent. [18] On 1 December 2016, Mr TW instructed Ms LJ to issue District Court proceedings against the trust’s tenants. [19] On 23 January 2017, Ms LJ forwarded Mr TW the proceedings that had been prepared to advance the trust’s claim in the District Court. The proceedings included: (a) a statement of claim; and (b) a notice of proceeding; and (c) a list of documents. [20] Ms LJ included with those proceedings, her invoice for work completed. [21] An invoice numb...

9. MLC-MAC - Retention & disposal appraisal report [pdf, 1 MB]

   ...the Court containing the hard-copy applications and other documents or materials compiled by the Court in respect of each proceeding; and C. Original orders and recommendations issued by the Court or a Registrar; and D. Instruments of alienation, statements of account, block order files, or other documents or plans, or copies of them relevant to the Court title record and deposited with or held by the Court; and E. Any other documents, plans, materials, or records that – a) A Judg...

10. Retention and disposal appraisal report - Māori Land Court and Māori Appellate Court [pdf, 1.1 MB]

    ...the Court containing the hard-copy applications and other documents or materials compiled by the Court in respect of each proceeding; and C. Original orders and recommendations issued by the Court or a Registrar; and D. Instruments of alienation, statements of account, block order files, or other documents or plans, or copies of them relevant to the Court title record and deposited with or held by the Court; and E. Any other documents, plans, materials, or records that – a) A Judg...