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1. Yong-Mewburn v CAC 404 & Coulter and Moore [2016] NZREADT 62 [pdf, 97 KB]

   ...COULTER AND JOYANN MOORE Second respondents Hearing: At Auckland on 22 June 2016 Tribunal: Ms K Davenport QC – Chairperson Mr G Denley – Member Ms N Dangen - Member Appearances: Mr T D Rea for the appellant Ms K Lawson-Bradshaw for the first respondent No appearance by or on behalf of second respondents Date of oral decision: 22 June 2016 Date of issue: 2 September 2016 Date of re-issue: 13 September 2016 _________________________...

2. Marsh - Part Mohinui Pt Lot 22 DP 9584 and Part Mohinui No.1 Block (2011) 22 Taitokerau MB 201 (22 TTK 201) [pdf, 112 KB]

   ...and specifically any improvements on the land such as the house. [7] Did the trustees have the power to transfer the house to Nisha and Joseph Marsh? [8] The extent of trustees’ powers are governed by the trust order, the Act and the general law. Although the trust order does not expressly permit the sale of assets such as the house, neither does it prohibit it: the prohibition in clause I is against the gifting or sale of the land itself. [9] In Karena – Owhaoko C1, C2, C4,...

3. Heta v Ministry of Social Development [2012] NZHRRT 2 [pdf, 46 KB]

   ...[11.1] As to [10.1] above, common ground having been reached that the participation of the children would serve no useful purpose, they were to be dismissed as plaintiffs. [11.2] As to [10.2], in ordinary circumstances a plaintiff represented by a lawyer would be required to file an amended statement of claim addressing the changes necessarily brought about by the dismissal of not only the second plaintiffs but also the first to fifth defendants. But Ms Heta, as a litigant in person (an...

4. Gill v Singh [2017] NZIACDT 5 (6 April 2017) [pdf, 82 KB]

   ...Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN Parminder Gill Complainant AND Daljit Singh Adviser DECISION REPRESENTATION: Registrar: Ms Carr, lawyer, MBIE, Auckland Complainant: No appearance at hearing Adviser: Mr S Laurent, lawyer, Laurent Law, Auckland Date Issued: 6 April 2017 2 DECISION Introduction [1] This is the second decision relating to t...

5. BORA Electoral Amendment Bill [pdf, 288 KB]

   ...legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.

6. [2011] NZEmpC 128 McKean v Ports of Auckland Ltd [pdf, 130 KB]

   ...Mr McKean dated 12 September 2011, and required him to attend a meeting on 16 September. Mr McKean was supported at that meeting and provided a written response to the concerns that had been raised and also a set of submissions prepared by his lawyer. Mr Gibson says that he considered the matters raised by and on Mr McKean’s behalf. This included an argument that Mr McKean could not be held personally liable for the content of the column as he had prepared it in his capacity as a...

7. NN v MF [2020] NZDT 1332 (18 June 2020) [pdf, 203 KB]

   ...terms is made by the Commerce Commission under the Fair Trading Act 1986, rather than the Disputes Tribunal. 7. It is noted that there is a 30% penalty applied in the terms to overdue accounts. Penalties of this nature are not recoverable in law. Debt recovery costs may be, but it is only possible to recover losses, not any sum imposed by way of a penalty. Nothing turns on this observation given that recovery costs were initially pursued, but no penalty was sought in this case....

8. Easthope v Accident Compensation Corporation (Late appeal to the District Court) [2023] NZACC 16 [pdf, 156 KB]

   ...legally represented, misunderstood how the 28-day time limit would be calculated (in terms of statutory holidays). [4] On 31 January 2023, Mr Castle for the Corporation submitted that it did not oppose the late filing of the appeal. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be receive...

9. DN v IL Ltd [2023] NZDT 644 (8 November 2023) [pdf, 200 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 644 APPLICANT DN RESPONDENT IL Ltd The Tribunal orders: 1. The claim is dismissed. 2. This order is to be emailed and posted to the parties. Reasons: 3. In August 2020 DN purchased a spa pool (‘pool’) from IL Ltd. IL Ltd supplied DN with a replacement pump in August 2022 after it failed. 4. Several months la

10. [2022] NZACC 130 – Pausina v ACC (11 July 2022) [pdf, 170 KB]

    ...Corporation, submitted that, considering the reasons for the delay outlined in Mr Pausina’s memorandum and the unlikely prejudice to the Corporation caused by the delay, the Corporation did not oppose the late filing of the appeal. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) A n appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be receiv...