Search Results

1. J v Khetarpal [2015] NZIACDT 95 (05 November 2015) [pdf, 224 KB]

   ...does not affect any relevant evidence Ms Khetarpal provided. Only four witnesses were present for cross-examination, and this decision turns on their evidence measured against the contemporaneous written record. [10] The four witnesses were: [10.1] The complainant; [10.2] The complainant’s prospective employer; [10.3] Ms Misa, the senior administrator in the practice where Ms Khetarpal worked; and [10.4] Ms Khetarpal. Discussion The standard of proof [11] The Tribunal deter...

2. Rogers v Hauraki – Te Aute A1B (2015) 117 Taitokerau MB 87 (117 TTK 87) [pdf, 222 KB]

   ...to carry out works necessary to construct and maintain the roadway as it traverses Te Aute A1B, but he is not entitled to excavate metal on Te Aute A1B, whether to use on the roadway or elsewhere. I do not sense that he has 117 Taitokerau MB 101 gone beyond his legal rights in that regard, save for the issues to do with the bridge structures. [44] As for the streambed, I find that Arthur has undertaken work that has disturbed the streambed. But it is not clear from the e...

3. Hauiti v Tamati - Puhunga A7D1 (2017) 68 Tairawhiti MB 100 (68 TRW 100) [pdf, 334 KB]

   ...Copies to: C Bennett, Langley Twigg Lawyers, Napier DX MP70034 R Revington, Woodward Chrisp Solicitors, Gisborne DX LP78507, manaaki.t@wwclaw.co.nz mailto:manaaki.t@wwclaw.co.nz 68 Tairawhiti MB 101 Introduction [1] The applicants’ on behalf of the Keita Kapuarangi Tamati whānau trust have filed an application for a permanent injunction per s 19(1)(a) of Te Ture Whenua Māori Act 1993 against Emma Tamati (also known as Leah

4. [2023] NZREADT 19 - NQ v Real Estate Agents Authority (CAC 2104) (9 August 2023) [pdf, 169 KB]

   ...the number of bedrooms) affected his appreciation of the property and its true value. 27 Auckland Council Unitary Plan Map (printed 24 November 2020) at 143 of the bundle. 28 Auckland Council GEOMAPS (2018) at 170 of the bundle. 18 [101] We have already dismissed the purchaser’s complaint concerning proximity to the shoreline. Turning then to the misrepresentation as to the number of bedrooms, the Committee accepted in the penalty decision (13 October 2022) that Mr Bos...

5. Spray Marks NZ Ltd v Accident Compensation Corporation (Industry Classification) [2023] NZACC 127 [pdf, 454 KB]

   ...Act had given it and in so doing: a. It did not make an error of law; b. It did not fail to take into account some relevant matter; c. It did not take into account an irrelevant matter; d. It did not make a decision which is plainly wrong. [101] Accordingly, ACC’s decision of 2 December 2020 upholding the single classification unit of CU42590 – Construction Services (not elsewhere classified) stands, and the appeal against that decision is dismissed. [102] Costs are reserved...

6. IPT 2019-20 Annual Report [pdf, 477 KB]

   ...Age (Days) of Active Appeals 30 June 2013 30 June 2014 30 June 2015 30 June 2016 30 June 2017 30 June 2018 30 June 2019 30 June 2020 Tribunal Average (days) 247 228 208 201 175 175 274 353 Residence 240 134 173 116 60 101 76 98 Deportation (Non-resident) 228 230 184 127 90 89 121 141 Refugee and Protection 329 248 215 159 137 98 142 162 Deportation (Resident) 425 425 361 500 574 481 604 856 Comparative Graph Showing Average Age of Active App...

7. [2021] NZACC 5 - Andrews v ACC (12 January 2021) [pdf, 214 KB]

   ...noted by a number of clinicians. [100] He submits that Dr Anderson has failed to test the appellant’s account with existing contemporaneous evidence and assessments. 3 Accident Compensation Corporation v Mehrtens [2012] NZACC 250. [101] He notes there is a pre-existing history of headaches noted by experts including at the Burwood Clinic. He refers to Dr Fink’s conclusion: I find it difficult to attribute his chronic disability as primarily related to his minor head...

8. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 163 Aotea MB 99 (163 AOT 99) [pdf, 1.4 MB]

   ...chairman, confirmed that some time in or about 1995 an "executive committee" of trustees was established to deal with specific duties. This was on the basis he said that some trustees had abandoned their posts, others Minute Book: 163 AOT 101 had left the country while others simply did not participate, 137 Aotea ~vfB 286. This position was disputed by a number of trustees. [7] However, the primary subj ect dealt with at the hearing vias the issue of trtlstee fees, exp...

9. LCRO 72/2020 ZW v CB (29 September 2020) [pdf, 204 KB]

   ...overlooked matters that Mr ZW considered significant. [100] For his part, Mr CB’s approach to Mr ZW’s case was both careful and conscientious. A feature of his management of Mr ZW’s file, was the extent to which he kept Mr ZW informed. [101] Importantly, when options being pursued hit a brick wall, alternatives were discussed. [102] Nor was it the case that Mr CB failed to caution Mr ZW when he considered that pursuing various options would not be fruitful. Mr CB advised M...

10. Practice Note: Lawyer for the Child - Selection [pdf, 180 KB]

    ...Law  Society’s  Lawyer for the Child Best Practice Guidelines.   9.10   The lawyer will be able to transfer their approval from one Court region to another.       10   REVIEW OF LAWYER FOR THE CHILD LISTS   10.1   A review of lawyer for the child lists must be undertaken at intervals of not more than three  years. The Registrar in each Court must ensure that lists of approved lawyers are reviewed at  such interval...