Search Results

1. SE v TD and KF [2021] NZDT 1531 (24 February 2021) [pdf, 210 KB]

   ...to an action in trespass. In order for the Disputes Tribunal to have jurisdiction, it would also need to be established that the placement of the structure (including its foundations) was a claim in respect of loss, damage or injury to property (s 10(1)(c) of the Disputes Tribunal Act 1988). 16. A claim based on contract or tort is limited by the Limitation Act 2010. The Limitation Act requires claims for money to be filed within six years of the act or omission on which the claim is...

2. V Nair v Devi [2014] NZIACDT 5 (29 January 2014) [pdf, 63 KB]

   ...new adviser. Some fees appear to have been unearned as the adviser had not lodged the application for a residence visa and held fees for that purpose. [10] If the potential factual findings were made out, the Tribunal could potentially determine: [10.1] The adviser failed to confirm in writing when she lodged the application, did not provide timely updates, or confirm in writing the details of material discussions (Clause 3 of the Code of Conduct). [10.2] The adviser failed to carry ou...

3. Martin - Lot 2 Deposited Plan South Auckland 26130 (2013) 59 Waikato-Maniapoto MB 154 (59 WMN 154) [pdf, 135 KB]

   ...level. The status of their block, whether Māori freehold land or general land, is irrelevant. What is relevant is that they are ineligible due to their income level; 7 54 Waikato Maniapoto MB 101 (54 WMN 101). 59 Waikato Maniapoto MB 163 b) If the status of the block was changed to general land, the applicants would be eligible to seek a rates postponement. However there are various criteria and conditions to meet as outli...

4. [2020] NZSSAA 17 (7 October 2020) [pdf, 128 KB]

   [2020] NZSSAA 17 Reference No. SSA 101/19 IN THE MATTER of the Social Security Act 2018 AND IN THE MATTER of an appeal by XXXX of Whangarei against a decision of the Chief Executive that has been confirmed or varied by a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY S Pezaro - Deputy Chair C Joe - Member DECISION ON THE PAPERS Background [1] XXXX (“the appellant”) appeals the decision on 4 June 2019 to decline an applicati...

5. Responding to Abuse in Care Legislation Amendment Bill [pdf, 268 KB]

   ...believe that the resident or other person has any unauthorized item in their possession, they may conduct a pat down search. Any pat down search must be done in the presence of another specified person. 1 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 2 Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1 (SC) per Blanchard J. 3 The Bill also makes amendments to other existing search powers in the Principal Act, but these enhance the protections and rest...

6. LE v T Ltd [2024] NZDT 456 (27 June 2024) [pdf, 183 KB]

   ...where one person has been unjustly enriched at the expense of another, and restitution is appropriate). It also has jurisdiction to hear and determine a claim based on tort (a tort being a civil wrong) in respect of loss of, or damage to, property (s10(1) of the DT Act). This jurisdiction is subject to certain limitations set out in s11 of the DT Act. The Tribunal also has jurisdiction under certain statutes listed in Part 2 of Schedule 1 to the DT Act (s10(2) of the DT Act), including the...

7. WHT Annual Report 2022 [pdf, 252 KB]

   ...claims. The mediation of one claim had to be postponed, but it has now been held. 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 be...

8. ASC - 2012 annual report [pdf, 1.2 MB]

   ...        10.9         18.1         22.1         16.6         13.8         7.5         5.4         100.0         2002   6.5         10.1         16.0         22.0         17.4         15.1         7.5         5.5         100.0         2003   6.9         9.9    ...

9. Tukiri - Te Kopua 3 and 4 (2002) 98 Waikato MB 100 (98 W 100) [pdf, 239 KB]

   ...was taken for their descendants. At the same time the Section 438 Trust was established and the three trustees were appointed. The minutes are recorded at Waikato Minute Book 63/182-199 of 30 November 1983. Waikato Minute Book Volume 98 Folio 101 Page 2 Marleina Te Kanawa opposed the application. In her statement to the Court she gave some history of the block and advised that at present the land is being used and cared for by the Whaingaroa Kita Whenua Trust and Whaingaroa Kohan...

10. Appointment of additional guardian by parents [pdf, 193 KB]

    ...60: 61: 62: 63: 64: 25: 65: 66: 67: 68: 69: 70: 71: 72: 73: 74: 75: 76: 77: 78: 79: 80: 81: 82: 83: 84: 85: 86: 87: 88: 89: 90: 91: 92: 93: 94: 95: 96: 97: 98: 99: 100: 101: 102: 103: 104: 105: 106: 107: 109: 110: 111: 112: 113: 114: 115: 116: 117: 118: 119: 120: 121: 122: Check Box17: Off Check Box18: Off Check Box19: Off