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1. Goldsmith - Lot 72B 3G2 Parish of Matata (2017) 175 Waiariki MB 99 (175 WAR 99) [pdf, 258 KB]

   ...2017.4 1 167 Waiāriki MB 136-142 (167 WAR 136-142) 2 73 Whakatāne MB 136 (73 WHK 136) 3 90 Whakatāne MB 177 (90 WHK 177) 4 167 Waiāriki MB 136- 142 (167 WAR 136-142) 175 Waiariki MB 101 The Law [6] Section 239 of Te Ture Whenua Māori Act 1993 provides: 239 Addition, reduction, and replacement of trustees (1) The court may at any time, on application, in respect of any trust to which this Part applies, add t...

2. BS v X Ltd [2024] NZDT 70 (27 February 2024) [pdf, 201 KB]

   ...jurisdictional. Having regard to those factors I will strike out the claim rather than dismissing it. Referee: Nicholas Blake Date: 27 February 2024 7 Taylor v Beere [1982] 1 NZLR 81 8 Donselaar v Donselaar [1982] 1 NZLR 97 9 Section 10(1)(c) Disputes Tribunal Act 1988 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the re...

3. Di v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 95 (4 June 2024) [pdf, 153 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 095 ACAR 101/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN AIQING DI Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Judgment on the papers. Submissions: H Peart for the Appellant S Arnold for the Respondent Date of Judgment: 4 June 2024 JUDGMENT OF JU...

4. DQ & FD v BS [2021] NZDT 1655 (2 November 2021) [pdf, 209 KB]

   ...agreement between the tenants which is alleged to have resulted in a loss of two weeks rent, that is $430.00, to the Applicants. The Respondents counterclaimed, in effect, for a declaration that they were not liable to the Applicants pursuant to section 10(1)(b) of the Disputes Tribunal Act 1988. Both parties claim a refund of their costs, namely the filing fee. 3. The issues to be determined were as follows: CI0301_CIV_DCDT_Order Page 2 of 4 a. Is there a legally bindin...

5. Taipana - Taonui Ahuaturanga 3A2 Part (2017) 377 Aotea MB 282 (377 AOT 282) [pdf, 303 KB]

   ...Those persons then gift shares to the non-owning applicant, thus enabling the applicant to meet the ownership criteria. 1 “Setting Apart Land as a Māori Reservation” (14 July 1983) 101 New Zealand Gazette 2163 at 2181 2 [2015] Māori Appellate Court MB 365 (2015 APPEAL 365) 377 Aotea MB 284 [33] Whatever process is adopted it is unnecessarily convoluted. It is highly unlikely in our view, that the drafters of the...

6. Employment Court AVL Guideline [pdf, 194 KB]

   ...remote participation without interruption or distraction; (b) be well lit to enable the Judge, and the other parties, to see the participant and the remote place at all times; 4 See s 10(1) and (2). 5 See s 5. http://www.legislation.govt.nz/act/public/2010/0094/latest/DLM2600762.html http://www.legislation.govt.nz/act/public/2010/0094/latest/DLM2600757.html (c) be sufficiently spacious so as to enable suitable images of th...

7. BORA 2002 Income Tax Bill [pdf, 114 KB]

   ...wages, e.t.c, to relative employed by or in partnership with taxpayer; GD 4 - Payments to taxpayer’s spouse; GD 5 – Excessive remuneration by close company to shareholder, director, or relative; GD 9 – Land transferred between associated persons; GD 10(1) & (4) – Leases for inadequate rent; KC 4(2) – Rebate in certain cases for housekeeper (definition of housekeeper); and LD 1(2A)(a) – Tax deductions to be credited against tax assessed. Restriction Married Persons and Opposite...

8. WHT Claims under $20k - Chair's Directions [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...

9. WHT Annual Report 2019 [pdf, 267 KB]

   ...settlement rate (93%), a tribute to the effectiveness of the Tribunal’s procedures. JURISDICTION AND GENERAL INFORMATION Establishment and Function of the Tribunal The Tribunal is based in Auckland. It was established in 2007 by section 101 of the Weathertight Homes Resolution Services Act 2006 (the Act). It is part of Government’s response to the ‘leaky homes crisis’ enabling claims by the owners of dwellinghouses (stand-alone homes, townhouses and apartments) to...

10. Taylor v Southern District Health Board (Extension of Time) [2018] NZHRRT 30 [pdf, 165 KB]

    ...in Sax v Commissioner of Police (Extension of Time) [2015] NZHRRT 18 at [40] to [43], the key considerations are surprise and prejudice. [10] On the facts, it is difficult to see how the two applications for extension of time could be declined: [10.1] The extensions sought are minimal. The SDHB has asked for seven days to 27 June 2018 and Dr Mullen has sought a further five days beyond that date ie 2 July 2018. [10.2] The plaintiffs have consented to the application by the SDHB whil...