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  1. BORA Māori Purposes Bill [pdf, 307 KB]

    ...section 5 inquiry is essentially two-fold: whether the provision serves an important and significant objective; and whether there is a rational and proportionate connection between the provision and the objective.[1] Minimum voting age 9. Clause 10(1) of the Bill specifies a minimum voting age for Māori Trust Board elections as it defines “adult beneficiary” as a beneficiary who is 18 years of age or over. 10. This clause therefore draws a distinction between those aged 16 or 17...

  2. Position description: Human Rights Review Tribunal Deputy Chair [pdf, 114 KB]

    ...provides that for any particular case the Tribunal must comprise: (a) the Chairperson and/or a Deputy Chairperson (b) two other persons appointed by the Chairperson for the purposes of each hearing from the Panel maintained by the Minister under HRA, s 101. Functions of Tribunal Section 94 of the Act provides that the functions of the Tribunal shall be (a) to consider and adjudicate upon proceedings brought pursuant to sections 92B, 92E, and 97 of the Act (b) to exercise and perf...

  3. HRRT-Position-description-Deputy-Chair [docx, 38 KB]

    ...provides that for any particular case the Tribunal must comprise: 1. the Chairperson and/or a Deputy Chairperson 1. two other persons appointed by the Chairperson for the purposes of each hearing from the Panel maintained by the Minister under HRA, s 101. Functions of Tribunal Section 94 of the Act provides that the functions of the Tribunal shall be 1. to consider and adjudicate upon proceedings brought pursuant to sections 92B, 92E, 95 and 97 of the Act 1. to exercise and perform such other...

  4. Mayfair Street Units v Spargo [pdf, 83 KB]

    SUMMARY Case: Mayfair Street Units v Spargo File No: TRI 2009-101-000015 to 18/ DBH 05319, 05320, 05322 & 05326 Court: WHT Adjudicator: C Ruthe Date of Decision: 21 December 2009 Background This claim relates to two consolidated claims whereby the respondents involved in both claims are identical. This decision thereby considered issues of liability and apportionment together. The first claim relates to Unit 11 owned by Mr and Mrs Franklin which was for $255,049.09...

  5. Allan v Christchurch City Council [pdf, 22 KB]

    SUMMARY Case: Allan & Anor v Christchurch City Council & Ors File No: TRI 2009-101-000110/ DBH 04892 Court: WHT Adjudicator: C Ruthe Date of Decision: 21 July 2009 Background The claimants filed the present claim under the Weathertight Homes Resolution Services Act 2006 against a number of respondents involved in the construction of the subject dwelling. However as some of these respondents have been removed from these proceedings prior to the hearing, this determ...

  6. Aitken v Laudermilk [pdf, 21 KB]

    SUMMARY Case: Aitken & Anor v Laudermilk & Ors – INTERIM DECISION File No: TRI 2008-101-000098/ DBH 04231 Court: WHT Adjudicator: R Pitchforth Date of Decision: 29 May 2009 Background The claimants are owners of a leaky house. Some of the leaks have been repaired while others require further remedial work. The claimants sought redress from the parties they believe to be responsible for the leaks. Some respondents were removed from these proceedings thereby l...

  7. Chen v Christchurch City Council [pdf, 19 KB]

    SUMMARY Case: Chen & Ors v Christchurch City Council & Ors File No: TRI 2008-101-000074, 103-105, 112 & 113/ DBH 04221, 04288, 04289, 4290, 04543, 04801 Court: WHT Adjudicator: C Ruthe Date of Decision: 8 May 2009 Background Before the hearing took place for these six claims, all the claimants entered into a settlement arrangement with the first respondent (Christchurch City Council) which resulted in the discontinuance of the claims against it. This determin...

  8. Beattie v Porirua City Council [2011] NZWHT Wellington 18 [pdf, 48 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-101-000009 [2011] NZWHT WELLINGTON 18 BETWEEN GORDON AND KATHRYN BEATTIE Claimants AND PORIRUA CITY COUNCIL First Respondent AND HOMECREATORS LTD Second Respondent AND STEPHEN MACKFALL – TRADING AS TEXTURITE COATINGS Third Respondent AND TOM REID – TRADING AS ROOFING DIRECT LIMITED (Removed) Fourth Respondent AND NULOOK WINDOWS AND DOORS LIMITED (Removed) Fifth Respondent AND BARBARA DONALDSO...

  9. Te Pairi v Whakatane District Council - Omuriwaka and Tahora 2AD2 (2011) 38 Waiariki MB 116 (38 WAR 116) [pdf, 45 KB]

    ...Section 19, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Omuriwaka and Tahora 2AD2 BETWEEN TE RAKE TAME TE PAIRI Applicant AND WHAKATANE DISTRICT COUNCIL & THEIR ASSOCIATES Respondent Hearing: 2 April 2008 (101 Opotiki MB 119) 8 April 2008 (101 Opotiki MB 207) 5 May 2008 (102 Opotiki MB 130-143) 31 July 2008 (9 Conference MB 140-148) 2 June 2009 (109 Opotiki MB 233-236) 2 October 2009 (111 Opotiki MB 179-192) 8 July 2010 (14 Waiariki MB 136...

  10. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [2010] NZWHT Wellington 17 [pdf, 73 KB]

    SUMMARY Case: River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson & Ors as Trustees of the Picollo Trust – COSTS DECISION File No: TRI 2008-101-000052/ DBH 05463 Citation: [2010] NZWHT Wellington 17 Court: WHT Adjudicator: C Ruthe Date of Decision: 16 June 2010 Background This determination is based on applications filed by the first, second and seventh respondents for costs against the claimants pursuant to s91(1) of the 2006 Act. Applications fo...