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1. Stanley & Anor as trustees of the Lucy Stanley Family Trust v North Shore City Council [2011] NZWHT Auckland 20 [pdf, 194 KB]

   ...likely to incur even if the gym equipment is owned by her company as the company could seek reimbursement from the claimant trust. I therefore allow the removal costs as estimated. Page | 17 General Damages [45] The Court of Appeal in Byron Avenue confirmed that the availability of general damages in leaky building cases was generally in the vicinity of $25,000 for owner-occupiers.1 White J in Coughlan & Ors v Abernathay & Ors confirmed that standard r...

2. May 2015 Outstanding applications [pdf, 265 KB]

   ...on 24 March 2015 at (99 Taitokerau MB 119-126) - application to the Chief Judge A20150002427 45/93 Beau Wilson Oue 2B2C - against an order dated 5 July 1939 at 18 WH 244- 247 - Application to the Chief Judge A20150002458 58/93 Edward Matchitt Appeal 2015/10 - Te Kaha 65 Block - and a decision of the Court made at 104 Waiariki MB 145-151 on 16 September 2014 - Appeal A20150002454 45/93 Charlene Walker-Grace Tame Hone Haawe and a succession order dated 20 April 1982 at 59 Whangare...

3. LCRO Annual Report 2009 [pdf, 520 KB]

   ...(the magazine of the New Zealand Law Society) and in the Law Society Bulletin, an electronic awareness bulletin of the Auckland District Law Society. The wider dissemination of the LCRO’s decisions is considered a positive development. There is no appeal from a decision of the LCRO. However the exercise of the powers of the Officer are amenable to judicial review by the High Court. As of 30 June 2009, two of the decisions of the Officer (in relation to the same applicant) are currently u...

4. LCRO 29/2023 CP v SW and KM (19 December 2023) [pdf, 245 KB]

   ...scope of review [71] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

5. RF v CN LCRO 254/2012 (3 November 2016) [pdf, 109 KB]

   ...LCRO on review [28] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

6. Rolleston v Moore - Lot 1 Deposited Plan South Auckland 52401 and Ongaonga No 1C No 1 Block (2016) 133 Waikato Maniapoto MB 39 (133 WMN 39) [pdf, 297 KB]

   ...lack of substance, the unsuccessful party’s lack of realism, the party’s legal situation, the degree of 8 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Maori Appellate Court MB 64 (2011 APPEAL 64). 9 Riddiford v Te Whaiti (2001) 13 Takitimu Appellate MB 184 (13 ACTK 184). 10 Manuirirangi v Paraninihi ki Waitotara Incorporation (2002) 15 Whanganui Appellate MB 64 (15 WGAP 64). 11 De Loree v Mokomoko – Hiwarau C (200...

7. IJ v KL LCRO 190/2016 [pdf, 219 KB]

   ...process of review under the Act:31 29 At [49]. 30 Email KL to LCRO (21 September 2016). 13 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

8. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

   ...December 1994), at [52]. [91] Ms Lucas submitted that Mr Goundar’s conduct was not deliberate, and therefore not a breach of s 73(c). In support of this submission, she referred to the judgment of his Honour Moore J in the High Court, on appeal from the Tribunal’s decision in Clark, referred to above:11 … the Tribunal in a full and detailed decision found that … there had been a breach of s 136 of the Act but that it was not deliberate and thus misconduct in terms of...

9. TC vs Mr & Mrs SH LCRO 234/2014 [pdf, 233 KB]

   ...scope of review [70] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:19 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

10. Macolm - Okataina 10 (2001) 206 Rotorua MB 287 (260 ROT 287) [pdf, 5.8 MB]

    ...intention of the parties was to contract in accordance with common practice, which in New Zealand is to obtain the signatures of both vendor and purchaser on a formal contract drafted by solicitors. No contract was completed, therefore, the Court of Appeal allowed the appeal. Counsel for Mr Malcom, on the other hand, argued this was not a subject to contract arrangement. He submitted that the terms of this contract were clearly set out in the resolution passed by the Trust at the me...