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1. O v J [2016] NZIACDT 17 (30 March 2016) [pdf, 145 KB]

   ...pursuant to section 44 of the Immigration Advisers Licensing Act 2007 (the Act). The circumstances were: [6.5.1] The Registrar required Mr J to provide his file, using the statutory process under section 57 of the Act. [6.5.2] Mr J’s response to the request was to say the complainant was never his client, and accordingly he had no records, and had not given any immigration advice. [6.5.3] However, Mr J had in fact accepted an engagement to provide professional services to the compl...

2. Kaka v Ruapehu District Council - Ohura South N2E1B (2014) 328 Aotea MB 176 (328 AOT 176) [pdf, 195 KB]

   ...members do not appear to have any interest in returning to the land or in paying the rates and that he has been fighting RDC for a long period of time over this issue. He argues that RDC have not made the process easy by failing to respond to his requests and not engaging in dialogue with him. 4 327 Aotea MB 110 (327 AOT 110) 328 Aotea MB 179 Submissions for Ruapehu District Council [12] Mr Bhullar submitted that RDC did hol...

3. Cooper v Cooper - Motatau 2 Section 22D (2015) 118 Taitokerau MB 184 (118 TTK 184) [pdf, 182 KB]

   ...to use the land, pending determination of the succession application. [3] The issue for determination is whether an interim injunction should be granted. [4] As with all oral decisions I reserve the right to amend this decision but only as to form not as to substance and not to change the outcome of the decision that I am about to make. Background [5] Motatau 2 Section 22D (“the block”) is Māori freehold land approximately 21.524 hectares in size. The block currently has t...

4. [2014] NZEmpC 128 Huang v Li [pdf, 118 KB]

   ...reasonable sum for security, given an indication that Mr Huang proposes to call 30 witnesses. [27] I turn to the issue of the application for stay of the application for rehearing. Two issues arise from Mr Li’s application: a) His first request is that the stay should continue until such time as the amount fixed as security for costs, $10,000, has been paid. That is an uncontroversial request where an order for security has been made, and it should be made in this instance....

5. K v N [2013] NZREADT 111 [pdf, 91 KB]

   ...Introduction [1] This case concerns a commercial development in X, X. Mr N is the sole director of X X Limited (XXL), and in 2010 and 2011 was trying to put together a shopping centre development. Mr K became involved in the development, at the request of Mr N, to offer advice on the development and to assist generally. During 2010 the National Bank initiated mortgagee sale proceedings against X X Limited. Mr K then assisted Mr N further by arranging for substitute finance to be p...

6. AFS and AFT v ZUD and ZUE [2013] NZDT 348 (2 July 2013) [pdf, 104 KB]

   ...named in the final order, she had an equitable interest in the outcome given a subsequent potential liability to indemnify ZUE for her share. For these reasons, it was to her benefit that she was able to participate to the extent she did, and she requested that she be entitled to do so. [39] In summary, ZUD is not able to claim her legal fees of $350.00. Conclusion [40] For these reasons, an order has been made for ZUE to pay AFS and AFT the sum of...

7. ENVC Matiatia party corresp costs Lewis and Greve 20160121 [pdf, 241 KB]

   ...culminating in a second hearing in July 2015. All parties incurred additional costs and expenses as a consequence of that decision. 14. The Court in Road Metals observed that “It is clear that the Act is public and participatory in nature and form, and it is clearly intended that Section 274 parties have the right to participate on a direct referral” (at [19]). In the present case, Ms Lewis and Mr Greve had a particular concern as to the potential ecological effects of the marina...

8. Coleman v Auckland Council [2012] NZWHT Auckland 41 [pdf, 113 KB]

   ...is determined to be an eligible claim by the Chief Executive. 26 March 2009 Patricia Bamford’s authority to join a representative claim was received by the Department of Building and Housing. 7 April 2009 The representative completes a request for an addendum report on Ms Bamford’s unit. 19 June 2009 The assessor issued the addendum report 19 November 2010 An application for adjudication form for single house dwelling claims was filed for both units. The limitatio...

9. WE v AW & AX LCRO 82 / 2012 (10 June 2013) [pdf, 93 KB]

   ...support person. [11] I was uncertain as to how knowledge by the support person could affect Mr AW’s recovery proceedings, but nevertheless, as the Lawyers and Conveyancers Act provides that review proceedings are private, I acceded to Mr AW’s request that the support person be requested to leave the hearing. [12] She was invited to remain outside the hearing room to be consulted at any time during the course of the review by Mr WE if he wished to do so. Delay in providing clie...

10. Taylor v Auckland Council [2012] NZWHT Auckland 42 [pdf, 134 KB]

    ...assessor’s report was completed. [3] The assessor’s report concluded that there were a number of construction defects in the property including: (a) Inadequate installation of the cladding through lack of movement control joints, poorly formed external corners and poorly formed vertical cladding joints resulting in cracking. (b) Inadequate installation of the door and window joinery. (c) Insufficient coating protection. (d) Insufficiently constructed cladding bas...