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...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The submission dated 31 December 2009 from Mr and Mrs Holmes to the chief executive. The assessor’s report dated 20 November 2009. The letter from John Bansgrove of the Department of Building and Housing to t...
...the conduct of the proceeding; and (c) necessary for the conduct of the proceeding; and (d) reasonable in amount. Discussion [11] In her second application, notwithstanding Ms De Marco expresses her claim for costs as disbursements, the sum claimed appears to be in the nature of a claim for damages involving in part a claim for pain, stress and suffering in consequence of the way she feels she has been treated by the Corporation. [12] A claim for costs on appeal by a successfu...
...REPRESENTATION Mr RD Cunliffe and Ms RV Cunliffe in person Mr M Hutcheson and Ms L Wilkinson for defendant DATE OF HEARING: 28 – 29 August 2023 DATE OF DECISION: 31 May 2024 DECISION OF TRIBUNAL ON COSTS1 [1] Mr and Ms Cunliffe claimed that the Helensville Primary School Board of Trustees (the Board) interfered with their privacy by refusing information privacy requests that they 1 This decision is to be cited as Cunliffe & Cunliffe v Helensville Primary School...
...examine breaches of the Treaty of Waitangi in health services and health outcomes for Māori. An initial judicial conference, attended by more than 25 counsel, was convened at Pipitea Marae in May to discuss issues such as scope, eligibility, and how claims might be heard. The parties and the Crown have been directed to hold roundtable discussions over the next three months to further refine the scope, priorities and process for the inquiry and file bibliographies of available research....
...licence, she did not tell them and arrange for continuing representation. [4] The adviser generally disputes the facts alleged in support of the complaint, and claims she delivered professional services properly. She says the complainants withheld information about the character issue, which was not her fault. [5] The Tribunal has accepted the account given by the complainants and upheld the complaint. The complaint [6] The material allegations in the complaint were set out in the St...
...Legal professional privilege Information contained in the provider’s files is legally privileged, however section 109 of the Act provides that legal privilege does not prevent, limit or affect the provider producing a file, record or document requested during audit. Information that is subject to legal professional privilege and produced for the purposes of an audit or investigation must not be used in: • any proceedings against the client; or • any way that is detrimental to...
...appear ready for the Authority to consider. Against that background, Mr Lee has belatedly sought an adjournment of the meeting, claiming that he has an urgent need to travel to South Korea. The explanation offered to the Authority to support this request was that he has business interests in New Zealand that are in some way funded by the Government of South Korea and it is necessary for him to attend, in person, in 1 See Employment...
...case the claim and counterclaim are essentially two halves of the same coin. The result must therefore be that if the counterclaim fails, the claim must succeed. 10. The rest of this decision addresses the substance of the counterclaim. The information provided by EF in his written claim and in the initial hearing is also taken into account in that context. 11. Following the second hearing on the counterclaim the issues to be addressed are now as follows: a) Was a debt due and...
1 [2011] NZWHT AUCKLAND 10 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of a reconsideration of the Chief Executive’s decision under section 49 CLAIM NO. 6373: JANICE GALVIN – 20 EGMONT STREET, TE ARO ELIGIBILITY DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL The Claim [1] Janice Galvin is the owner of a leaky home. On 10 August 2000 she filed a claim with the Department of Building and Housing....
...view of the facts of the case and asking him to provide a full affidavit in answer to specific questions. He provided an affidavit on 10 December but has repeatedly refused any further response to the YMCA. [49] The lengthy email to Mr Tindall requesting an affidavit was actually written by Mr Zwart. Mr Zwart summarised the relevant events that had occurred back in January/February/March 2008 and then requested Mr Tindall’s response to a number of issues. One of those issues wa...