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1. Turner v Auckland Council [2012] NZWHT Auckland 50 [pdf, 97 KB]

   ...no record of this question being put to Mr Sutherland. Procedural Order 1 recorded some of the discussions that took place at the conference but not this. This basis for costs is not established. Page | 5 C. Capstone’s statement of response [11] A statement of response was filed the day before the scheduled mediation that alleged for the first time that Capstone was a “labour only” contractor. This led to an application for an adjournment of medi...

2. Rainey - Taimaro 2B (2016) 143 Taitokerau MB 171 (143 TTK 171) [pdf, 178 KB]

   ...2016, Ms Martin contacted the Registrar by telephone. Ms Martin advised that due to her remote location, and lack of access to communication media, she was unable to provide written submissions within the proposed timeframe. The Registrar recorded statements made by Ms Martin over the phone concerning this application. 1 It appears that the Court records incorrectly record the name of the block as ‘Taimaro 2B’ when it should be...

3. [2021] NZEmpC 78 Alkazaz v Enterprise IT Ltd [pdf, 208 KB]

   ...any person making any affidavit in support of or in opposition to any interlocutory application; but such an order shall be made only in special circumstances”. 9 At 425. 10 At 424. 11 At 425. 12 At 425. supplied to support that statement such as by providing a copy of it. His application stated that one of the “main issues” he would cross-examine Mr Speers about was the nature of the dispute and the correspondence. [15] The picture created by Mr AlKazaz’s a...

4. Karangaroa v Te Rito - Whangawehi 13A (2021) 104 Tairawhiti MB 200 (104 TRW 200) [pdf, 247 KB]

   ...trust over the partitioned land for them and their descendants. The intention is that the whānau trust will raise the finance and own these tiny homes and the communal living area. They had already approached the District Council for initial consent so that their plans are consistent with the district plan. A local mortgage broker has also been approached. The evidence from that broker is that the Ormond whānau would not be able to raise the finance required to fund unless the...

5. 2022-03-18 Director-General of Conservation - Opening Submissions [pdf, 158 KB]

   ...is broadly defined at section 2 of RMA. Sediment will be a 3 Memorandum of Counsel for Otago Regional Council in Relation to the Urban Provisions – dated 26 November 2021, paragraphs 7 and 11. 4 This is the version of Part G set out in the Statement of Evidence of Felicity Boyd for the Otago Regional Council dated 18 February 2022, at Appendix 6. 5 [1995] 3 NZLR 189 s supra at page 195, line 13. Section 75 has been repealed and replaced since 1995 although the replacement is in...

6. QT v T Ltd [2023] NZDT 188 (22 June 2023) [pdf, 139 KB]

   ...notice from T Ltd for $65.00 (breach notice [number]). 6. QT contested the breach notice. He accepts that his car was parked at the car park but says he was not the driver of or in the car, because he was at work at the time. He has provided a statement from his work supervisor confirming this. At the hearing T Ltd said it did not dispute that QT was not the driver of or in the car at the relevant time. CI0301_CIV_DCDT_Order Page 2 of 4 7. QT says this means that he is not li...

7. Nelson Standards Committee v Bamford [2015] NZLCDT 39 [pdf, 33 KB]

   ...claim against him or her. The rule mandates that the client must be advised to seek independent advice and also informed that the practitioner can no longer continue to act unless, having received independent advice, the client gives informed consent to that. We accept the submission of Mr Webb that this rule is “prophylactic in nature”. Because of the risks involved in conflicts of interest, in which it is sometimes difficult for a practitioner to accurately identify the var...

8. Elder v CAC 10062 & Barker [2013] NZREADT 71 [pdf, 63 KB]

   ...Unit K or was common property before and at the time he entered into the agreement for sale and purchase. We have found that there were no proven misrepresentations by the licensee to the appellant. [e] Whether the licensee knew of the erroneous statements in the 6 May 2010 fax and, if he did, whether he took any steps to correct them. By this stage, the agreement for sale and purchase was unconditional. We find that the licensee probably comprehended that error from the developer...

9. Churton v Trustees of Mangaporou Trust - Kauaeroa (2002) 122 Aotea MB 182 (122 AOT 182) [pdf, 542 KB]

   ...trust deed to the standard Ahu Whenua Trust Deed used in the Aot8a District and to include the following provisions: Minute Book: .122 AOT 182 - 197 (i) That the number of trustees woLild be 7 (ii) That money could only be borrowed with the consent of beneficial owners at an Annual General Meeting (iii) That voting would be by show of hands (iv) That the trust deed would be reviewed in 3 years from the date of variation (v) The quorum for an Annual General Meeting would be 3...

10. Director of Proceedings v Ramsden [2022] NZHRRT 25 [pdf, 624 KB]

    ...TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 3 May 2022. [2] Prior to the filing of the proceedings the parties resolved all matters in issue and the Tribunal is asked to make a consent declaration. The parties have filed: [2.1] A statement of claim dated 3 May 2022. [2.2] A consent memorandum dated 29 March 2022. [2.3] An Agreed Summary of Facts, a copy of which is annexed and marked ‘A’. [3] In the Con...