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1. Ye v Wang [2015] NZIACDT 23 (13 March 2015) [pdf, 86 KB]

   ...support the complaint of dishonest or misleading behaviour. [10] The Statement of Complaint identifies the Registrar considered there was potential support for the Tribunal to conclude Ms Wang received immigration instructions, acted on them, but: [10.1] Failed to enter into a written agreement for the service and to set out fees disbursements and payment terms; and [10.2] Received fees and funds to pay disbursements and tuition fees and may have failed to deal with the funds in accord...

2. QA v IZ & Anor LCRO 219/2014 (31 March 2015) [pdf, 37 KB]

   ...Interpretation Act 1999 [25] Mr QA needed to lodge his application for review by Friday 17 October 2014. The email was sent by Mr QA at 5.01 p.m. 3 Lawyers and Conveyancers Amendment Bill 2010 (120-1), cl 10.1. 5 [26] The application was date-stamped as received by the registry on Monday 20 October 2014. Mr QA says that he was advised by a member of the registry staff that whilst the application was processed on the Monday, th...

3. Sandra Barns - Evidence in Chief [pdf, 297 KB]

   ...therefore was not assessed in the s.32 or s.32AA evaluation. The parties are now considering s.32 issues in their evidence to assist the Court in carrying out this evaluation of the new proposal. 10. In his evidence Professor O’Connor: 10.1 Suggests that section 32 evaluation of costs and benefits as required by the RMA is not an appropriate way of evaluating this type of proposal; and 10.2 Provides his own view as to the economic value of the option put forward by the MRMT....

4. [2024] NZEnvC 163 Merveber Limited v Auckland Council [pdf, 277 KB]

   ...be made. Quantum [17] There was a significant difference between the parties as to the quantum of costs appropriate, with the Council seeking an award of some $85,000, while Merveber 9 Merveber Limited v Auckland Council [2024] NZEnvC 100, at [101] – [102]. 6 Limited said that if any cost were to be awarded this should be around $20,000. [18] The first question is of the amounts claimed. For both the planning and landscape architecture witness, Council expert witness costs am...

5. BORA National Animal Identification and Tracing Amendment Bill [pdf, 203 KB]

   ...entry and search; b. seizing anything that can be lawfully seized; c. copying documents; 1 RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th) 2 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 3 www.justice.govt.nz/assets/Documents/Publications/bora-National-Animal-Identification-and-Tracing-Bill.pdf-.pdf d. accessing material from a computer and copying it; and e. taking phot...

6. Goldsmith - Lot 72B 3G2 Parish of Matata (2017) 175 Waiariki MB 99 (175 WAR 99) [pdf, 258 KB]

   ...2017.4 1 167 Waiāriki MB 136-142 (167 WAR 136-142) 2 73 Whakatāne MB 136 (73 WHK 136) 3 90 Whakatāne MB 177 (90 WHK 177) 4 167 Waiāriki MB 136- 142 (167 WAR 136-142) 175 Waiariki MB 101 The Law [6] Section 239 of Te Ture Whenua Māori Act 1993 provides: 239 Addition, reduction, and replacement of trustees (1) The court may at any time, on application, in respect of any trust to which this Part applies, add t...

7. BS v X Ltd [2024] NZDT 70 (27 February 2024) [pdf, 201 KB]

   ...jurisdictional. Having regard to those factors I will strike out the claim rather than dismissing it. Referee: Nicholas Blake Date: 27 February 2024 7 Taylor v Beere [1982] 1 NZLR 81 8 Donselaar v Donselaar [1982] 1 NZLR 97 9 Section 10(1)(c) Disputes Tribunal Act 1988 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the re...

8. Di v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 95 (4 June 2024) [pdf, 153 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 095 ACAR 101/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN AIQING DI Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Judgment on the papers. Submissions: H Peart for the Appellant S Arnold for the Respondent Date of Judgment: 4 June 2024 JUDGMENT OF JU...

9. DQ & FD v BS [2021] NZDT 1655 (2 November 2021) [pdf, 209 KB]

   ...agreement between the tenants which is alleged to have resulted in a loss of two weeks rent, that is $430.00, to the Applicants. The Respondents counterclaimed, in effect, for a declaration that they were not liable to the Applicants pursuant to section 10(1)(b) of the Disputes Tribunal Act 1988. Both parties claim a refund of their costs, namely the filing fee. 3. The issues to be determined were as follows: CI0301_CIV_DCDT_Order Page 2 of 4 a. Is there a legally bindin...

10. Taipana - Taonui Ahuaturanga 3A2 Part (2017) 377 Aotea MB 282 (377 AOT 282) [pdf, 303 KB]

    ...Those persons then gift shares to the non-owning applicant, thus enabling the applicant to meet the ownership criteria. 1 “Setting Apart Land as a Māori Reservation” (14 July 1983) 101 New Zealand Gazette 2163 at 2181 2 [2015] Māori Appellate Court MB 365 (2015 APPEAL 365) 377 Aotea MB 284 [33] Whatever process is adopted it is unnecessarily convoluted. It is highly unlikely in our view, that the drafters of the...