Search Results

1. [2016] NZSSAA 042 (16 May 2016) [pdf, 38 KB]

   ...traveller; (b) Voluntary presence; (c) Some intention to remain in the country for a settled purpose; (d) Continuing residence despite any temporary absences; and (e) Residence in New Zealand rather than anywhere else. The Act is not one which permits residence in two countries simultaneously.” 5 [17] When consideration is given to these elements it is plain that Ms XXXX during the period she was in the United States for many years undergoing medical treatment from ti...

2. CAC20002 v Chand [2015] NZREADT 60 [pdf, 108 KB]

   ...transparency. Prospective purchasers are entitled to be aware of the identity of those they are dealing with. Are they dealing with the owner or someone related to the owner or is this a normal, commercial arm’s length transaction? Such disclosure permits the prospective purchaser to assess the weight to be given to representations made by the salesperson. It assists the prospective purchaser in making an informed decision as to the way they conduct themselves in negotiations.”...

3. A v X LCRO 2 / 2008 (20 February 2009) - Penalty and Costs [pdf, 21 KB]

   ...that the claim for payment was maintained throughout, and that he attempted to administer the will knowing that it was invalid suggests that his motives were not entirely altruistic. I note also that because Lawyer X witnessed the will the clause permitting him to charge for his services would have been ineffective: s 13 of the Wills Act 2007. I am not persuaded that Lawyer X was aware of this. Niether am I persuaded that he did not intend to charge for his services in administering t...

4. LU v LBI [2024] NZDT 119 (2 April 2024) [pdf, 203 KB]

   1 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 119 APPLICANT LU RESPONDENT LBI The Tribunal orders: LBI is to pay $31,431.93 to LU on or before Friday 26 April 2024. Reasons: 1. In 2021 LU was 21 years of age and was in her final year completing a master’s degree. She was employed by [University 1] as a part time researcher and LBI was her manager. LBI left the University later that year to set up

5. 2020-12-02 Minute Final Timetable and Expert Conferencing Directions [pdf, 138 KB]

   ...It is ORC’s view that Te Mana o te Wai (at least) will have a bearing on submissions seeking to amend or delete Objective 10A.1.1 and Policies 10A.2.2 and 10A.2.3 particularly insofar as these provisions are dealing with the duration of water permits. Parties will need to bear this in mind. Cross-examination [14] The proposed directions as to cross-examination are confirmed. 2 See Minute - Timetable Directions and Expert Conferencing for PC 7 dated 2 November 2020 at [15]-...

6. Ref: LCRO 99/2019 SQ v LP (27 October 2020) [pdf, 235 KB]

   ...national importance under the Resource Management Act 1991 (the RMA). [3] The events, described in some detail by Mr SQ in both his complaint and his application for review, began on 30 March 2001 when Mr SQ obtained a sustainable forest management permit (SFMP), under section 67F of the Forests Act 1949, to log trees on the property, the value of which Mr SQ estimates at $750,000. 2 [4] Six months later on 26 September 2001, Mr SQ was granted a resource (land use) consent...

7. BT v G Ltd [2023] NZDT 319 (19 June 2023) [pdf, 209 KB]

   ...agree that I have checked the flight and traveller information has been entered accurately and accept that visa and passport requirements are my responsibility.” “It is important that you ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments, or expenditures incurred as a result of such documents not meeting requirements of those authorities will be your sole respons...

8. NH Ltd v NZ [2024] NZDT 159 (26 March 2024) [pdf, 179 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 159 APPLICANT NH Ltd RESPONDENT NZ The Tribunal orders: The claim is dismissed. Reasons: 1. In June 2020, NZ engaged NH Ltd to construct a driveway for his newly built home. On 31 July 2020, after the work was complete, NH Ltd invoiced NZ $30,111.60, but NZ was unhappy with the job and only paid $13,800.00. NH Ltd now claims $18,81

9. WHT Annual Report 2021 [pdf, 266 KB]

   ...claims, being those under $20,000, in order to ensure they are quickly and efficiently heard and determined. Such claims are rare and there are none currently before the Tribunal. The Tribunal operates in an inquisitorial or investigative manner, as permitted by the Act.4 It may grant any remedy that can be claimed in a court of law, though has only limited power to award costs.5 The Chair can issue practice directions.6 There are comprehensive Directions and Guidelines in plac...

10. [2022] NZACC 141 – Child Rescue Charitable Trust v ACC (21 July 2022) [pdf, 169 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 141 ACR 12/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN CHILD RESCUE CHARITABLE TRUST Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Judgment on the papers. Submissions: B Saipe for the Appellant M Gall for the Respondent Date of Judgment: 21 July 2022