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1. Tenants in Common of 19 Victoria Avenue v Easton Consultants Ltd [pdf, 37 KB]

   ...adjudication. 2.4 The third respondent was the Auckland City Council (“the Council”), which is the territorial authority responsible for the administration of the Building Act in the area. The Council reviewed the application for a building consent, issued the consent, and carried out the inspections during construction prior to issuing the Code Compliance Certificate. As mentioned above, the Owners asked that the Council be removed, or struck out, from this adjudication, a...

2. Rokx v Proprietors of Pourau Station - Pourau (2001) 59 Ruatōria MB 181 (59 RUS 181) [pdf, 2.1 MB]

   ...with evidence in respect to whether 21 clear days' notice had been given, but I am able to infer that it was. The meeting was to be held on the 20 November 1999. At the bottom of the notice there was the following: "Copies of the financial statements will be available from the incorporation's office from 29 October 1999" This is a reasonably clear indication that the notice was circulated prior to 29 October 1999. On that basis, and assuming circulation was, at the l...

3. DX v OI Ltd [2019] NZDT 1529 (24 October 2019) [pdf, 146 KB]

   ...clearly an act of conversion unless OI can establish a defence justifying its actions. 18. To justify sale of the car, OI pointed to an email DX sent on 17 August 2018 stating, “The contents of the car should cover your costs.” However, this statement was made in the context of DX continuing to contest liability for the costs, and in response to OI’s warning that it would refer any balance owing after sale of her car to Baycorp, and that DX’s credit rating could be affected. 1...

4. Te Ariki o Kahukura v Moore – Manukorihi 1B Section 2 (2013) 313 Aotea MB 254 (313 AOT 254) [pdf, 95 KB]

   ...or, subject to any minimum share unit fixed by its constitution, any shares in a Maori incorporation. (2) An application for the constitution of a whänau trust under this section— (a) Shall be made— 313 Aotea MB 256 (i) By or with the consent of the owner or all of the owners of the interests or shares to which the application relates; or (ii) By the administrator of an estate to give effect to a testamentary disposition purporting to constitute a whänau trust; or (iii...

5. IA v QZ and MA LCRO 205 / 2010 (18 June 2012) [pdf, 88 KB]

   ...Background [1] On 30 July 2008, the Auckland District Law Practitioners Disciplinary Tribunal issued its decision, finding Mr IA (the Applicant) to be guilty of misconduct. The Practitioner was censured, fined and ordered to pay costs. A consent order under Section 106(4)(c) of the Law Practitioners Act recorded that: “By consent an order is made in terms as agreed by counsel for the Society and the Practitioner that: ‘The Practitioner shall cease to accept work for a peri...

6. [2021] NZEnvC 030 O'Reilly v Cruice Farms Limited [pdf, 1.7 MB]

   ...against Cruice Farms Limited, which its director Mr Cruice opposed. \Vaitaki District Council ('WDC') joined as second respondent and was generally neutral to the application but opposed it to the extent it alleged the relevant resource consent had not been complied with. [3] This court declined to make the orders sought, finding that on the evidence, there would not be adverse effects on the environment if an order was not made and that there was no contravention of the D...

7. Habib v Ali - Succession to George Habib (2021) 227 Taitokerau MB 206 (227 TTK 206) [pdf, 225 KB]

   ...227 Taitokerau MB 210 (b) Where there are no details recorded on the birth certificate the onus is on the person claiming to be a child to prove their case on the balance of probabilities. (c) A DNA test can only be undertaken with the consent of the parties. [15] I adopt that approach. Kōrerorero - Discussion [16] The birth certificate is prima facie evidence that George is Azzam's father. However, that presumption may be rebutted if the court is satisfied on th...

8. Retto v Standing [2012] NZIACDT 47 (30 August 2012) [pdf, 117 KB]

   ...found at www.iaa.govt.nz, requires a licensed immigration adviser to act with professionalism. In doing so, they must ensure that the terms of professional engagements are fair and appropriate, and instructions accepted with the client’s informed consent. [30] Clause 1 of the Code requires that a licensed immigration adviser must discharge professional engagements with due care, diligence and respect. That requires them to ensure that their professional service delivery meets proper...

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

   ...[13.3] The case is an abuse of the Tribunal’s processes. [14] The application also relied on the affidavit from Mr Peacocke, which was filed in support of the strike out application. In that affidavit Mr Peacocke said that Mr Zhang had not consented to Samsung testing his phone, but it had tested the same model of phone, which did not demonstrate the same functionality issues Mr Zhang claimed he was having. In opposing the strike out application, Mr Zhang accused Samsung of not...

10. LCRO 38/2025 XYZ Inc. v VNR and QBL (30 July 2025) [pdf, 184 KB]

    ...on the basis of all information available if the Review Officer considers that the review can be adequately determined in the absence of the parties.9 Both parties agreed to this course of action. I sought clarification from the applicant of two statements made in its application that appeared to relate to jurisdiction. [30] I decided there was no material distinction between the two complaints and no reason of confidentiality or privacy warranting separate decisions. For simplicity,...