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IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2007-100-00030 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of an Adjudication BETWEEN NEIL EUAN MANUEL, MARGARET MARY MANUEL AND THE PUBLIC TRUST as Trustees for the N & M MANUEL FAMILY TRUST Claimant AND WAITAKERE CITY COUNCIL First Respondent AND BRIAN ELLIOT Second Respondent AND REX W LITTLE AND ASSOCIATES Third R
...$15,000.00. In a file note dated 24 April he noted that he “now [needed] to turn the claim into something less speculative and provide evidence of the current valuation.” He also however warned TR and TS about the possibility that CCI would appeal even if they were successful and referred to the potential costs 7 involved in that. By this time TR and TS were becoming concerned as to their exposure to costs referred to by CCL. [28] NI allowed the deadline for...
...example, there was a particular breach of the duty to provide access to information and the opportunity to comment on information before a decision was made, analogous to: Zhang v Telco Asset Management Ltd [2019] NZEmpC 151 at [156]–[157]; leave to appeal this decision was dismissed in Zhang v Telco Asset Management Ltd [2020] NZCA 223. 31 Waikato District Health Board v The New Zealand Public Service Assoc Inc [2008] ERNZ 80 (EmpC) at [36]. 32 At [36]. [59] Ms Butcher...
...ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Submissions: Date of Decision: Date of Issue: IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2019] NZEnvC of the Resource Management Act 1991 of an appeal pursuant to cl 14 of Schedule 1 to the Act WESTERN BAY OF PLENTY DISTRICT COUNCIL (ENV-2015-AKL-000127) Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent PORT BLAKELY LIMITED, CARRUS CORPORATION LIMITED, TKC HOLD...
...recognised as a course of dealing where the two joint tenants discussed the possibility of one buying the share of the other. The facts of this case do not align with those in the case of Burgess v Rawnsley [1975] CH 429 where the English Court of Appeal were unanimous that an agreement by a joint tenant to sell her interest to a co-tenant effected a severance in equity despite the fact that the agreement was short lived.34 Severance arguments – summary [80] At paragraph [33] abo...
...attention upon the rights of children. Discussions during that year resulted in the establishment of the New Zealand Committee for Children and a National Advisory Committee on the Prevention of Child Abuse.21 Revision of Court structure of Court of Appeal, High Court, District Court with separate Family Court created. Report of the Advisory Committee On Youth and Law In Our Multicultural Society published. Maatua Whangai commenced. The Labour Government established a Working Party to revie...
...the Environment Court team is based in Wellington, it oversees cases for the lower North Island between Wellington and Taupō. Most of the Environment Court’s work is underpinned by the Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a coastal, water or discharge permit; or a combination of these...
...Mr AlKazaz says that agreement was obtained under duress. The law [40] The issue of duress was considered by this Court in Sawyer v Vice-Chancellor of Victoria University of Wellington.13 The Court applied principles set out by the Court of Appeal in McIntyre v Nemesis DBK Ltd.14 The Court of Appeal’s approach can be summarised as follows: (a) Was there a threat or the exertion of illegitimate pressure? (b) If so, did that threat result in being coerced into entering into...
...employment agreement by his employer, the Board, to which Mr Solomon may have been a secondary party under s 134(2). [77] The position is not saved for the plaintiff by judgments such as Peacock v NZ Performance etc Union.2 In that case the Court of Appeal found that the receiver of a company might be liable personally for a penalty for breach of an award pursuant to s 202 of the Labour Relations Act 1987. The essential finding by the Labour Court and the Court of Appeal in Peac...
...Outcome [125] The Tribunal does not find the charge of disgraceful conduct proved. [126] 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 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 Court Rules. ___...