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SUMMARY Case: Brodav Limited & Cook Family Trust v Waters & Ors – FINAL DECISION File No: TRI 2008-101-000059 & 66/ DBH 05133 & 5488 Court: WHT Adjudicator: CB Ruthe Date of Decision: 13 August 2009 Background This claim was resolved by consent orders. However at the time the orders were made, there was no determination sought pursuant to section 90(2) of the Weathertight Homes Resolution Services Act 2006. Summary of Facts The first respondents agre...
SUMMARY Case: Anderson Family Trust v Doyle File No: TRI 2009-101-000064/ DBH 05858 Court: WHT Adjudicator: CB Ruthe Date of Decision: 16 December 2009 This claim was for remedial costs totalling $20,477. During a facilitated negotiation there was a partial settlement with all parties except for the second respondent, Mr Keen who did not participate. Mr Keen was the builder of the deck. The claimants chose to pursue their claim against Mr Keen. A further settlement...
...Act, shall be entitled to receive from his employer payment for his work at not less than that minimum rate. [8] The way in which employer contributions to KiwiSaver are to be dealt with is specified within the KiwiSaver Act 2006 (KSA). Section 101B provides that: (1) The purpose of this section is to ensure that, for contractual arrangements of parties to an employment relationship (as defined by section 4(2) of the Employment Relations Act 2000) compulsory contributions are...
SUMMARY Case: Holden & Anor v Smitheram & Ors – PROCEDURAL ORDER NO. 7 File No: TRI 2008-101-000109/ DBH 05331 Court: WHT Adjudicator: R Pitchforth Date of Decision: 1 September 2009 Background In this Procedural Order, the Tribunal deals with applications to remove and join certain parties. In particular the Tribunal looks at the role of suppliers and whether they are responsible for the misapplication of their products. Consolidation of Claims This claim h...
Additional information, including FAQs, a glossary of terms and court contact details can be found on the Ministry of Justice's website. 10.1 Appendix A: Main changes under the Criminal Procedure Act 2011 10.2 Appendix B: New terminology 10.3 Appendix C: Supreme Court Media Guidelines 10.4 Appendix D: Environment Court In-Court Media Coverage Guidelines 2011 10.5 Appendix E: Media and Reporting Protocol in the Youth Court 10.6 Appendix F: Media Guide for reporting in the Family Court 10.7 Appen...
...jurisdiction over matters regarding survey costs under s 24(p) of the Fencing Act, since s 24A(1) of that Act limits the Tribunal’s jurisdiction to s 24(a) to (o). [6] DC’s claim would therefore need to be founded on tort to come within s 10(1)(c) of the DTA. Arguably she may have a claim in the tort of negligence or trespass for destruction or loss of the survey pegs. However to satisfy s 10(1)(c), it would be necessary to find that the survey pegs qualified as...
SUMMARY Case: Brockie & Anor as Trustees of the Brockie Trust v Millington File No: TRI 2009-101-000060/DBH 5598 Citation: [2010] NZWHT Wellington 5 Adjudicator: KD Kilgour Date of Decision: 11 March 2010 Background The claimants as trustees brought the claim regarding a leaky home purchased by the Brockie Family Trust. There was a partial settlement with both the developer, Mr Millington, and the roofer Mr Minchin, making a combined settlement payment of $60,000....
...appearance from DB. [2] At the hearing I verbally confirmed my views regarding the future of these claims. For completeness, I repeat that advice here. [3] This means firstly that the applicant's claim cannot proceed at the Tribunal. Under s101 of the Insolvency Act 2006, on adjudication for bankruptcy, all property belonging to the bankrupt vests in the Official Assignee and any rights of the bankrupt in the property are extinguished and any powers the bankrupt may have had o...
IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2008-101-000059 and 66 BETWEEN BRODAV LIMITED Claimant 1 AND COOK FAMILY TRUST Claimant 2 AND COLIN & PAMELA WATERS First Respondents AND WILLIAM MCMULLAN (REMOVED) Second Respondent AND WAIMAKARIRI DISTRICT COUNCIL (REMOVED) Third Respondent AND PRIME BUILDING COMPLIANCE LIMITED (REMOVED) Fourth Respondent AND AVON ROOFING (1999) LIMITED (REMOVED) Fifth Respondent AND TIM FIELD ARCHITECT LIMITED...
SUMMARY Case: Beattie v Porirua City Council - INTERIM DECISION File No: TRI 2010-101-000009/ DBH 06006 Citation: [2010] NZWHT Wellington 14 Court: WHT Adjudicator: C Ruthe Date of Decision: 14 May 2010 Background Pursuant to sections 72 and 73 of the WHRS Act 2006, the Tribunal heard and determined the claim against the sixth respondent, Ms Donaldson separately. Ms Donaldson did not pursue a removal application as it was unlikely to succeed due to the requirements for...