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1. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 38 [pdf, 76 KB]

   ...further or additional evidence on defects and damage. These issues have already been determined and a substantive decision issued. If Mr Holyoake disagreed with the decisions in that determination the appropriate step for him to take was to appeal that decision, as he has done. [13] We are still of that opinion. It is not appropriate for the Tribunal to re-open the issues of damage and defects when a final decision on those issues has already been made. While Dr Spears...

2. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 78 [pdf, 186 KB]

   ...of the date of this decision [39] We make no order as to payment of compensation. [40] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal 2017 NZREADT 78 - Rankin - Penalty rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High...

3. BB v WT & Ors LCRO 55/2015 (9 October 2015) [pdf, 63 KB]

   ...for review. 1 Email BB to NZLS (7 January 2015). 3 • A Committee may elect to take no further action on a complaint, if there is, in the circumstances, an appropriate remedy or right of appeal. Application for Review [8] Mr BB filed his application to review the decision of the Standards Committee [City A] on 26 March 2015. He submits that: • His complaint about a paragraph (clause 16) in the Standards Committee [Ci...

4. Mikaere v Mikaere - Manaia No 6 (2018) 162 Waikato Maniapoto MB 168 (162 WMN 168) [pdf, 295 KB]

   ...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. [16] An interested party may apply for a rehearing but a rehearing application must be made within...

5. Taueki - Horowhenua 11 (Lake) (2016) 363 Aotea MB 114 (363 AOT 114) [pdf, 158 KB]

   ...[2] For over 10 years the Nursery buildings have been occupied by Ms Taueki’s brother Mr Phillip Taueki. Mr Taueki’s occupation has been the subject of previous litigation. On 4 November 2015 I made the following orders (subsequently upheld on appeal): 1 1. Pursuant to Sections 19 and 20 of the Te Ture Whenua Māori Act 1993:- a. That the Respondent, Mr Phillip Dean Taueki (together with his agents, servants, invitees, licencees or workmen) immediately remove themselves and the...

6. Apostolakis v Attorney-General No. 1 (Strike-Out Application) [2017] NZHRRT 52 [pdf, 182 KB]

   ...Mrs Apostolakis. That order was made on 15 September 2006. Subsequently, on 13 October 2009 judgment was given in the Family Court in relation to matrimonial property proceedings between the couple. While Mrs Apostolakis may have endeavoured to appeal the 13 October 2009 decision, that appeal was abandoned. See Apostolakis v Kolich [2012] NZHC 212 at [45]. That judgment contains a description of certain events which flowed from the 13 October 2009 judgment, events which have no direc...

7. [2017] NZEmpC 144 CE of Social Development v Tuilaepa [pdf, 482 KB]

   ...$11,000. Calderbank offer [32] The second matter raised by Mr Macdonald in opposition to an order being made was a Calderbank offer by Mr Tuilaepa made in an effort to settle the proceeding. In Bluestar Print Group (NZ) Ltd v Mitchell the Court of Appeal 8 Table at [16]. emphasized a steely approach is required to costs where Calderbank offers have been made.9 [33] In Mattingly v Strata Title Management Ltd this Court sa...

8. Murphy - Estate of Lizzie Turner Tau [2013] Chief Judge's MB 48 (2013 CJ 48) [pdf, 564 KB]

   ...where she gave sworn evidence. To suggest that it was not her intention to transfer her interests in the other (14) blocks is a moot point. She had the opportunity to contest/object to the transfers at the hearing and also after the hearing by way of appeal. The evidence is clear that she did not pursue the matter. 1 2011 Chief Judge's 1.1B 254-256 (2011 CJ 254) 2013 Chief Judge's MB 50 Consideration of whether matter needs to go to full hearing 17. In this Case Manager&...

9. [2018] NZEmpC 81 Wood v NZ Cupolex Ltd [pdf, 285 KB]

   ...been filed,4 and Mr Wood has appropriately requested that his challenge be resolved on the papers. [6] Since the challenge was brought on a non de novo basis, I apply the following principles:5 a) A non de novo hearing is in the nature of an appeal. The challenger or plaintiff is required to show that the Authority’s determination was wrong. b) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in its det...

10. Tipene - Taiwhakaea B Block (2020) 241 Waiariki MB 115 (241 WAR 115) [pdf, 302 KB]

    ...custodian trustee. (5) For every trust constituted under this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. In Clarke v Karaitiana the Court of Appeal emphasised the importance of beneficiary support when considering trustee appointments and the nature and scale of the trust when applying s 222:5 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obl...