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1. IQ Ltd & Ors v ND Ltd [2023] NZDT 638 (11 October 2023) [pdf, 101 KB]

   ...Ltd’s own assertion, each lot owner’s dispute would be a separate claim. c. Declarations by the Tribunal: ND Ltd argues that the Tribunal cannot make declaration orders. This is incorrect. Claims can be filed for declarations under s10(1)(b) of the Act and the Tribunal can make declaration orders under s19(1)(b) of the Act. d. Rates: Pursuant to s11(7), the Act bars the Tribunal from hearing claims is respect of money due under any enactment. If this was a claim betw...

2. LCRO 192/2017 KY v QW, Official Assignee (27 September 2019) [pdf, 141 KB]

   ...[15] The conclusion reached by the Committee was that Mr KY was required to account to Mr QW in respect of funds held, or controlled by the firm during Mr XV’s bankruptcy, yet had failed to do so within a reasonable time thereby contravening ss 101 and 102 of the Insolvency Act 2006.3 [16] The Committee noted that upon adjudication, all Mr XV’s property vested in Mr QW as Official Assignee. Such property included “assets by way of loans which were owed to [Mr XV] (and his wif...

3. [2021] NZEmpC 109 Jackson v The Aorere College Board of Trustees [pdf, 182 KB]

   ...that s 178(2)(b) was satisfied, I would nevertheless have exercised my discretion against granting special leave in the particular circumstances. 4 Such issues have not, to date, manifested in the Court. 5 Employment Relations Act 2000, ss 101(ab) and 143. 6 Jackson v The Aorere College Board of Trustees NZERA Auckland 3060512, 22 June 2021 (notice of direction). [16] The application for special leave is declined. If any issue of costs arises I will receive memora...

4. Tuhi - Keepa Tihema Winiata Tuhi Whanau Trust (2007) 187 Napier MB 32 (187 NA 32) [pdf, 180 KB]

   ...0.0222 0.2079 216.125 10.172 3.276 .292 424.952 352.68 2002.2767 .8828 240.217 0.00206 0.00412 0.01371 0.00214 63.14877 0.01028 0.050 0.15986 14.082 0.0019 0.0019 .212 0.780 1.26 449 29.0 55.4 101.8 236 187 Napier MB 237 Mahurangi 265 Tauwharetoi 3B1 & others 1.300 Te Whakaari 2.1 Tawapata South 748 Manuoha & Paharakeke 3 Manuoha & Paharakeke 45.4 Tahora No 2F2 92.4 Tahora No 2C1 Sec 3 169.7 237 Min...

5. Murray - Ohawini B1 (2020) 217 Taitokerau MB 99 (217 TTK 99) [pdf, 217 KB]

   ...[6] In line with the directions of Court, Georgina Murray was contacted to ascertain whether or not she had any further evidence or submissions to be filed. She informed the Court that no further evidence was to be filed. 217 Taitokerau MB 101 Ngā kōrero a te kaitono – Applicant’s submissions [7] The applicant seeks to occupy an area of 2540m2, for the benefit of the descendants of Paratene Te Manu Wellington. The desire is for the descendants to erect small dwellings...

6. LM v JD & TD [2022] NZDT 6 (8 March 2022) [pdf, 224 KB]

   ...an existing adequate fence? c. Are the costs claimed in counterclaim available to the respondent? d. If not, what are the reasonable costs for an adequate fence? Are the respondents liable for a contribution to the fence costs? 6. Section 10(1) – (2) of the Act states that anyone who desires to compel any other occupier to contribute to the cost of a fence shall serve on him/her a notice. That notice should include CI0301_CIV_DCDT_Order Page 2 of 4 details such as the boun...

7. GZ v TE LCRO 17 / 2011 (17 February 2012) [pdf, 155 KB]

   ...was as follows: “In such circumstances the Standards Committee is satisfied that Mr GZ had not met the standard expected of him by Rule 2.3 and as a result was in breach of the professional standards obligations to fellow practitioners in Rule 10.1 The Committee finds under section 152(2)(b) of the Act that Mr GZ’s conduct in this regard was unsatisfactory” This is a finding of unsatisfactory conduct as that term is defined in section 12(c) of the Act by reason of a breach of...

8. Brown v Deller [2010] NZWHT Auckland 27 [pdf, 88 KB]

   ...third respondent submits that in this proceeding, it was desirable that 2 TRI-2008-101-0052, 16 June 2010, C Ruthe. Page | 5 the sixth respondent be joined so at least his role, and that of the fifth respondent, could be clarified. I accept that submission. [14] Counsel for the third respondent submitted that Mr...

9. Kumeroa - Raetihi 2B 2C 2C 2A1 (2003) 128 Aotea MB 1 (128 AOT 1) [pdf, 284 KB]

   ...to General land, dated 8 July 2002. Background The Land comprises 8.2793 hectares situated at Makaral)ui near Raetihi. It is contained in CT214C/20 Wellington registry. It was created ;'pursuant to a partition order dated 28 August 1940, at 101 Whanganui MB 113. The Applicant is the sole owner. A portion of the land, 6070m 2 was set apart as a Maori reservation in 1952 for the common use of the Ngati Tamakana hapu of Ngati Uenuku as a papakainga, marae and meeting place for that h...

10. BORA Real Estate Agents Bill [pdf, 292 KB]

    ...flexible manner, for example by permitting people under 18 to obtain an exception to the minimum age by demonstrating, for example, an appropriate level of personal maturity. Such an approach does not appear appropriate here for at least two reasons: 10.1 To the extent that the minimum age under cl 34 reflects personal characteristics, such as maturity, those characteristics are necessarily both vague and subjective. While some statutory minimum ages provide for individualised assessment...