Search Results

1. [2016] NZSSAA 047 (24 May 2016) [pdf, 40 KB]

   ...XXXX Limited from time-to- time. For instance a payment into her account of $800 on 1 May 2013 (evidenced by a bank statement at page 651 of the Section 12K report) follows a GST return of 24 April 2013 which recorded a GST refund of $877.53.(page 101 of the Section 12K report). Similarly at page 694 of the Section 12K report reference is made to a payment of $400 on 7 April 2014 following a GST refund of $793.19 on 2 April 2014 (recorded at page 99 of the Section 12K report). [7] Mr H...

2. R v D LCRO 56 / 2009 (19 June 2009) - Rehearing Decision [pdf, 74 KB]

   ...months. In these circumstances the LCRO decision would not be different for the reason that a three month delay in responding to a colleague’s correspondence is also considered to be unreasonable, and in contravention of the Rules, namely Rule 10.1. [23] Mr XX did not point to any other information that was not put before the LCRO. [24] This submission does not disclose a proper basis for a rehearing. This ground is dismissed. No reference made by LCRO about the nature of...

3. WHT - Chair's directions for lower value claims [pdf, 174 KB]

   ...damage  recommended remedial work in relation to each incidence of water penetration  cost of the remedial work. Weathertight Homes Tribunal Chair’s Directions for lower value claims page 5 of 5 10. Inspections and site visits 10.1 Respondents or their expert advisors are entitled to inspect the claimant’s property for the purpose of responding to the claim, but the timing and length of any inspection must be reasonable and arranged by appointment. Arrangemen...

4. [2019] NZEmpC 43 Moody v Chamberlain [pdf, 241 KB]

   ...2 Referred to as the principle of privity of litigation. See Seales v Attorney-General [2015] NZHC 828 at [43]-[48]; Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [2018] NZEmpC 101 at [6]. 3 Seales at [45]. [6] To put the Attorney-General’s concerns in context, it is necessary to understand what the case is about and what contribution the proposed interveners might be in a position to make. [7] In th

5. IQ Ltd & Ors v ND Ltd [2023] NZDT 638 (11 October 2023) [pdf, 101 KB]

   ...Ltd’s own assertion, each lot owner’s dispute would be a separate claim. c. Declarations by the Tribunal: ND Ltd argues that the Tribunal cannot make declaration orders. This is incorrect. Claims can be filed for declarations under s10(1)(b) of the Act and the Tribunal can make declaration orders under s19(1)(b) of the Act. d. Rates: Pursuant to s11(7), the Act bars the Tribunal from hearing claims is respect of money due under any enactment. If this was a claim betw...

6. LCRO 192/2017 KY v QW, Official Assignee (27 September 2019) [pdf, 141 KB]

   ...[15] The conclusion reached by the Committee was that Mr KY was required to account to Mr QW in respect of funds held, or controlled by the firm during Mr XV’s bankruptcy, yet had failed to do so within a reasonable time thereby contravening ss 101 and 102 of the Insolvency Act 2006.3 [16] The Committee noted that upon adjudication, all Mr XV’s property vested in Mr QW as Official Assignee. Such property included “assets by way of loans which were owed to [Mr XV] (and his wif...

7. [2021] NZEmpC 109 Jackson v The Aorere College Board of Trustees [pdf, 182 KB]

   ...that s 178(2)(b) was satisfied, I would nevertheless have exercised my discretion against granting special leave in the particular circumstances. 4 Such issues have not, to date, manifested in the Court. 5 Employment Relations Act 2000, ss 101(ab) and 143. 6 Jackson v The Aorere College Board of Trustees NZERA Auckland 3060512, 22 June 2021 (notice of direction). [16] The application for special leave is declined. If any issue of costs arises I will receive memora...

8. Tuhi - Keepa Tihema Winiata Tuhi Whanau Trust (2007) 187 Napier MB 32 (187 NA 32) [pdf, 180 KB]

   ...0.0222 0.2079 216.125 10.172 3.276 .292 424.952 352.68 2002.2767 .8828 240.217 0.00206 0.00412 0.01371 0.00214 63.14877 0.01028 0.050 0.15986 14.082 0.0019 0.0019 .212 0.780 1.26 449 29.0 55.4 101.8 236 187 Napier MB 237 Mahurangi 265 Tauwharetoi 3B1 & others 1.300 Te Whakaari 2.1 Tawapata South 748 Manuoha & Paharakeke 3 Manuoha & Paharakeke 45.4 Tahora No 2F2 92.4 Tahora No 2C1 Sec 3 169.7 237 Min...

9. Murray - Ohawini B1 (2020) 217 Taitokerau MB 99 (217 TTK 99) [pdf, 217 KB]

   ...[6] In line with the directions of Court, Georgina Murray was contacted to ascertain whether or not she had any further evidence or submissions to be filed. She informed the Court that no further evidence was to be filed. 217 Taitokerau MB 101 Ngā kōrero a te kaitono – Applicant’s submissions [7] The applicant seeks to occupy an area of 2540m2, for the benefit of the descendants of Paratene Te Manu Wellington. The desire is for the descendants to erect small dwellings...

10. LM v JD & TD [2022] NZDT 6 (8 March 2022) [pdf, 224 KB]

    ...an existing adequate fence? c. Are the costs claimed in counterclaim available to the respondent? d. If not, what are the reasonable costs for an adequate fence? Are the respondents liable for a contribution to the fence costs? 6. Section 10(1) – (2) of the Act states that anyone who desires to compel any other occupier to contribute to the cost of a fence shall serve on him/her a notice. That notice should include CI0301_CIV_DCDT_Order Page 2 of 4 details such as the boun...