Search Results

1. KT & others v ON & UN [2019] NZDT 1564 (6 March 2019) [pdf, 208 KB]

   ...SECOND RESPONDENT UN The Tribunal hereby orders: 1. LQ is to pay ON $425.00 on or before 20 March 2019. Reasons: 1. LQ, OT, and XT and KT brought a claim against their neighbours ON and UN. The claim relates to a number of matters between the parties including boundary fencing, garden plantings and damage to property. LQ claims $1625.00. 2. The claim between XT and KT, and ON and UN has been resolved by agreement. 3. The claim between OT, and ON and UN has be...

2. BORA Corrections Administration (Effectiveness and Efficiency) Bill [pdf, 352 KB]

   ...seizure". Second, where certain actions do constitute a search and seizure, s 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 7. Reasonableness will depend upon both the “subject matter” and the unique combination of “time, place and circumstance” of a particular case. [2] Overall, this involves the balancing of values underlying s 21 and a weighing of all the relevant values and public interests involved, and the...

3. KD v QX Ors [2019] NZDT 1605 (26 September 2019) [pdf, 201 KB]

   ...were not to be on the clearlite roof and he took no action. There is no such evidence presented to the Tribunal and therefore I must dismiss this claim for offset for damage to the clearlite roof. 19. Last, in relation to any claim for offset for matters related to damage and cleaning to the house and surrounding areas; the Tenancy Tribunal has jurisdiction, under s 77 (1) of the Residential Tenancies Act 1986, to determine any dispute that exists between a tenant and a landlord that...

4. Chand v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 211 [pdf, 162 KB]

   ...with the result that an extension of time should generally be granted, desirably without opposition from the respondent. [38] The ultimate question when considering the exercise of the discretion to extend time under r 29A is what the interests of justice require. That necessitates an assessment of the particular circumstances of the case. Factors which are likely to require consideration include: (a) The length of the delay. Clearly, the time period between the expiry of the appe...

5. NC v Accident Compensation Corporation (Late Filing of Appeal) [2022] NZACC 192 [pdf, 158 KB]

   ...with the result that an extension of time should generally be granted, desirably without opposition from the respondent. [38] The ultimate question when considering the exercise of the discretion to extend time under r 29A is what the interests of justice require. That necessitates an assessment of the particular circumstances of the case. Factors which are likely to require consideration include: (a) The length of the delay. Clearly, the time period between the expiry of the appe...

6. ABS Ltd v ZYL and ZYK [2013] NZDT 36 (15 March 2013) [pdf, 99 KB]

   ...proceedings. [17] I have considered FG’s view that he only knew for certain in February 2008, when he wrote to ZYL, that the damage had been caused by cows owned by ZYL. However, the evidence of MB was that he told FG about the incident a matter of weeks afterwards, and in his affidavit of 13 November 2012 FG appeared to indicate that he knew about the trespass, and knew it may have involved ZYL’s cows, in February 2006. In his affidavit of 20 August 2012, FG said he was ad...

7. [2021] NZEmpC 198 Head v Chief Executive of the Inland Revenue Department [pdf, 388 KB]

   ...benefit of clarity as to their legal position, and as to the effect of their legal arrangements: The Postal Workers Union of Aotearoa v New Zealand Post Ltd.3 [31] The second broad submission raised for the plaintiffs concerned access to justice considerations. Mr Mitchell argued that significant claims for costs could fetter the willingness of parties to bring proceedings which address important issues. The Court should ensure that parties will continue to be able to brin...

8. Duty lawyer instructions for Waitakere District Court [pdf, 71 KB]

   Waitakere District Court: Consolidated Duty Lawyer Instructions1 Effective from 30 March 2009 Authority for the duty lawyer service 1. The Secretary for Justice has, under section 68(2)(b) of the Legal Services Act 2011, gazetted the duty lawyer service as a specified legal service. 2. The Gazette notice sets out the object of the duty lawyer service which is to ensure that a sufficient number of lawyers is available in each district court to assist, advise and repre...

9. ND Ltd v BX & TX [2020] NZDT 1561 (15 July 2020) [pdf, 201 KB]

   ...the process of remedying and completing work when BX ordered ND LTD off the site. ND states she asked many times for the snag list. She told the Tribunal receiving a snag list is common practice in the industry. She states a snag list includes any matters needing to be remedied and on receipt the matters needing attention are remedied. 18. BX & TX state they inspected the property over the weekend of 25 and 26 May 2019 with the intention of creating a snag list. TX told the Tribuna...

10. LCRO 175/2022 OP v VN (10 October 2023) [pdf, 315 KB]

    ...criminal charges, to do some preliminary work on a possible appeal against convictions entered against him in 2013 for managing businesses while being an undischarged bankrupt for which he had been sentenced to 15 months imprisonment and, expressing the matter broadly, to endeavour to renegotiate his bankruptcy status. [5] Mr OP had previously been represented by another lawyer, Mr CA. [6] Mr OP had legal aid for the 2017 criminal charges. He did not have legal aid for the possible a...