Search Results

1. [2022] NZEmpC 71 GF v Comptroller of the New Zealand Customs Service [pdf, 191 KB]

   ...of action - unjustified disadvantage and dismissal. The prayer for relief includes a claim for lost wages and compensation for non-pecuniary losses. [3] The plaintiff was adjudicated bankrupt by the High Court on 22 February 2019. Section 101 of the Insolvency Act 2006 deals with the status of a bankrupt’s property on adjudication. It provides that all property belonging to the bankrupt vests in the Official Assignee; the powers that the bankrupt could have exercised in, over...

2. HN v N Ltd [2023] NZDT 146 (16 June 2023) [pdf, 212 KB]

   ...than seeking monetary damages, an applicant in the Tribunal can apply for a declaration of non-liability, that is, a declaration that the applicant is not liable to another person (the respondent) in respect of a claim or demand founded on contract (s10(1)(b) of the Disputes Tribunal Act 1988). If granted, a declaration of non-liability declares that the applicant is not required to pay the amount (s19(1)(d) of the Disputes Tribunal Act). Such a declaration will be granted once the claim i...

3. Tipene v Gray - Estate of Jack Tuakana Hurae Tipene (2007) 187 Napier MB 287 (187 NA 287) [pdf, 137 KB]

   ...2C2X & others (aggregated) 50.84286 10 Nuhaka 2C2W2, 4, 61, 67, 67A, 211, 0.1 219-224, 226-231,233,235-245,248- 253 11 Nuhaka 2A4A11A 30 12 Nuhaka 2A4A3B3 0.025 13 Nuhaka 2A4A3B4 0.319 PANI POHATU TIPENE Incorporation 14 Poral,ganau 1010 Be 101A2B 7794 IMorporation 15 Mangaroapa 2B1 B 1068.995 16 Pukehou 2A 1724.751 17 Pukehou 2B 1462 18 Poukawa 11 D2 227.002 19 Poukawa 11 H Part 26.668 20 Okaihau 1 D2C 99.03 21 Waimarama 2F2 13.5 22 Poukawa 8 4138.334 23 P...

4. Infrastructure Funding and Financing Bill Advice [pdf, 94 KB]

   ...However, the Supreme Court has held that an unreasonable search logically cannot be reasonably justified and therefore the inquiry does not need to be undertaken.4 3 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 4 Above, n1 at [162]. Rather, the assessment to be undertaken is first, whether what occurs is a search or seizure, and, if so, whether that search or seizure was reasonable. In asses...

5. SE v TD and KF [2021] NZDT 1531 (24 February 2021) [pdf, 210 KB]

   ...to an action in trespass. In order for the Disputes Tribunal to have jurisdiction, it would also need to be established that the placement of the structure (including its foundations) was a claim in respect of loss, damage or injury to property (s 10(1)(c) of the Disputes Tribunal Act 1988). 16. A claim based on contract or tort is limited by the Limitation Act 2010. The Limitation Act requires claims for money to be filed within six years of the act or omission on which the claim is...

6. V Nair v Devi [2014] NZIACDT 5 (29 January 2014) [pdf, 63 KB]

   ...new adviser. Some fees appear to have been unearned as the adviser had not lodged the application for a residence visa and held fees for that purpose. [10] If the potential factual findings were made out, the Tribunal could potentially determine: [10.1] The adviser failed to confirm in writing when she lodged the application, did not provide timely updates, or confirm in writing the details of material discussions (Clause 3 of the Code of Conduct). [10.2] The adviser failed to carry ou...

7. Martin - Lot 2 Deposited Plan South Auckland 26130 (2013) 59 Waikato-Maniapoto MB 154 (59 WMN 154) [pdf, 135 KB]

   ...level. The status of their block, whether Māori freehold land or general land, is irrelevant. What is relevant is that they are ineligible due to their income level; 7 54 Waikato Maniapoto MB 101 (54 WMN 101). 59 Waikato Maniapoto MB 163 b) If the status of the block was changed to general land, the applicants would be eligible to seek a rates postponement. However there are various criteria and conditions to meet as outli...

8. [2020] NZSSAA 17 (7 October 2020) [pdf, 128 KB]

   [2020] NZSSAA 17 Reference No. SSA 101/19 IN THE MATTER of the Social Security Act 2018 AND IN THE MATTER of an appeal by XXXX of Whangarei against a decision of the Chief Executive that has been confirmed or varied by a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY S Pezaro - Deputy Chair C Joe - Member DECISION ON THE PAPERS Background [1] XXXX (“the appellant”) appeals the decision on 4 June 2019 to decline an applicati...

9. Responding to Abuse in Care Legislation Amendment Bill [pdf, 268 KB]

   ...believe that the resident or other person has any unauthorized item in their possession, they may conduct a pat down search. Any pat down search must be done in the presence of another specified person. 1 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 2 Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1 (SC) per Blanchard J. 3 The Bill also makes amendments to other existing search powers in the Principal Act, but these enhance the protections and rest...

10. LE v T Ltd [2024] NZDT 456 (27 June 2024) [pdf, 183 KB]

    ...where one person has been unjustly enriched at the expense of another, and restitution is appropriate). It also has jurisdiction to hear and determine a claim based on tort (a tort being a civil wrong) in respect of loss of, or damage to, property (s10(1) of the DT Act). This jurisdiction is subject to certain limitations set out in s11 of the DT Act. The Tribunal also has jurisdiction under certain statutes listed in Part 2 of Schedule 1 to the DT Act (s10(2) of the DT Act), including the...