Search Results

1. Taueki v Horowhenua District Council - Horowhenua 11 (Lake) block (2016) 354 Aotea MB 21 (354 AOT 21) [pdf, 178 KB]

   ...different approach. [16] Mr Taueki does have standing to bring these claims in trespass and nuisance. Whether or not Mr Taueki is able to sustain a claim in trespass, public or private nuisance and obtain some form of relief are matters of fact and law to be tested at hearing. The extent to which Mr Taueki is able to establish a sufficient possessory interest will be a key issue. The stance of the trustees will be important. These matters may present Mr Taueki with barriers to relief...

2. [2018] NZSSAA 62 (6 December 2018) [pdf, 153 KB]

   ...his bank account or the sale of property. On 12 May 2017 the Ministry wrote to the appellant advising him that it had established an overpayment. Since 26 June 2017 the appellant has not received any social assistance. 3 Relevant law [8] The Social Security Act 2018 (“the Act”) sets out the requirements for eligibility for jobseeker support which include income tests. Accommodation supplement and temporary additional support assistance is subject to cash asset...

3. Cross v Accident Compensation Corporation (Late Appeal to the District Court) [2023] NZACC 9 [pdf, 161 KB]

   ...1996 accident is not significantly greater as between 2015 (when he ought to have exercised his right of appeal) and 2023. Mr Marten submitted that the Corporation did not oppose the application for leave to appeal out of time. 3 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 recei...

4. Bahramitash v CAC 402 & Ritesh [2016] NZREADT 40 [pdf, 176 KB]

   ...Tribunal [10] Section 109(1) of the Real Estate Agents Act 2008 gives the Tribunal a wide power to receive evidence that may, in its opinion, assist it in determining the issues before it, whether or not that evidence would be admissible in a court of law. Pursuant to s 109(1), the Tribunal is not bound by the provisions of the Evidence Act 2006. However, those provisions are not irrelevant, and the Tribunal will still have regard to the general provisions of the Evidence Act, as...

5. [2018] NZSSAA 034 (18 July 2018) [pdf, 132 KB]

   ...disclose the amount credited to his bank account. 4 b) If s 70(2) is not mandatory, whether the discretion to set the date of deduction should be exercised in this case and, if so, what is the appropriate date of deduction. Relevant law [12] Section 70(2) of the Act provides that: 70 Rate of benefits if overseas pension payable (2) Nothing in subsection (1) shall preclude the chief executive from deciding the date on which the chief executive’s determination u...

6. Spicer - Ngāporo No.2 (2023) 465 Aotea MB 21 (465 AOT 21) [pdf, 289 KB]

   ...was advised on 17 April 2023 that no further submissions would be filed. Whaimana Jurisdiction [13] This is an application for directions pursuant to s 133 of the Trusts Act 2019. I addressed the scope of this provision previously in Blaikie v Lawless.7 It is worth repeating those findings, given that they apply here. [14] Section 237 of the Act gives the Māori Land Court the jurisdiction of the High Court in relation to trusts, including its inherent jurisdiction and supervisor...

7. [2020] NZEmpC 25 Sexton v Lowe [pdf, 174 KB]

   ...whether an arrangement is one of employment or pursuant to a contract for services include:6 • An employee is a person employed by an employer to do any work for hire or reward under a contract of service, a definition which reflects the common law.7 • The Authority or the Court, in deciding whether a person is employed under a contract of service, is to determine “the real nature of the relationship” between the principal and that person.8 • The Authority or the Cour...

8. TD v MT [2024] NZDT 173 (10 April 2024) [pdf, 225 KB]

   ...agreement between the parties regarding what rent MT was to pay and is he in breach of the agreement by not paying? 18. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. 19. TD said that the agreement was that MT was to pay $280.00 per week in rent. That amount also covered bills. He said that was a verbal agreement. 20. MT paid one amount of $280.00 when he first moved into the prope...

9. Waitangi Tribunal Wai 2540 2.5.4 Department of Corrections and Reoffending Prisoners Claim [pdf, 605 KB]

   ...just one part of the Crown's efforts to address the issue of Maori over-representation in the justice sector and disproportionate reoffending. Corrections are part of the wider justice sector which includes the Ministry of Justice, Police, Crown Law and the Serious Fraud Office, the joint approach taken reflects the nature of the issues involved in addressing crime and reoffending. 22. It is submitted by the Crown that the suggestion of a four to five day hearing by the applicant is...

10. [2020] NZEnvC 101 Southland District Council v Chartres & Otherspdf [pdf, 744 KB]

    ...causes where this is necessary to avoid adverse effects on remaining treed or vegetation or to avoid risks to human life or property; (iv) at 8IO1.6(a), the clearance, modification or removal of indigenous vegetation which has grown naturally on land lawfully cleared since 2000, provided that clearance, modification or removal within 10 metres of a water body is limited to 20 linear metres in any 200 metre length of water body per property. (3) Directs that these orders shall apply to...