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1. SN v J Ltd & T Ltd [2023] NZDT 606 (15 November 2023) [pdf, 231 KB]

   ...Ltd is dismissed. The claim by SN against T Ltd is dismissed. The claim by SN against IT is struck out because IT was not served with the claim. Reasons: 1. In or about August 2022, J Ltd listed its [vehicle] for sale on [the online platform]. On or about 29 August 2022, SN confirmed the purchase of [vehicle] for $37,000.00, by using [the online platform]. 2. Between 29 August 2022 and 5 September 2022 there were some brief messages between SN and IT on behalf of J Ltd. T...

2. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   ...2 OVERVIEW [1] Mr Butcher is a Christian of orthodox beliefs. He lives in a rural location in the Wairarapa where public transport options are limited. Although he drives, he does not have a current licence because he believes the prescribed form of the current photo driver licence, which requires a digitised photograph, a digitised signature, and a bar code, to be the “mark of the beast”. [2] Mr Butcher claimed that the requirement for him to hold a licence in a form which i...

3. Waitangi Tribunal - issue 52 of Te Manutukutuku [pdf, 348 KB]

   ...“process had replaced protest”. The Waiheke settle- ment was another return of land follow- ing the Waiheke Report in 1987. Mäori Agencies Established The 1980s saw the establishment of two core Mäori agencies. The Mäori Language Commission was formed after the release of the Te Reo Report of 1986. This report provided impetus for a number of initia- tives to strengthen the Mäori language including passage of the Mäori Language Act 1987 that established Mäori as an offi-...

4. [2017] NZEmpC 48 Prasad and Tulai v LSG Sky Chefs NZ Ltd [pdf, 148 KB]

   ...the written record of those terms upon which each plaintiff relies. [7] The grounds of the application are first, that the plaintiffs have failed to respond to a notice requiring further and better particulars and secondly, the particulars requested are required in order to fully and fairly inform the defendant in relation to the nature and basis of the plaintiffs’ claims. The defendant claims that it needs to know how the plaintiffs plan to establish the elements of an employm...

5. Holden —Nga Taonga Tuturu (2010) 245 Aotea MB 230 (245 AOT 230) [pdf, 134 KB]

   ...the importance of the various taōnga being found within the rohe claimed by that tribe. Further reference was made to historical associations and connections with the area following the migration of the 1820s. Te Atiawa representatives also requested further hui to be held at local marae to consider the application. Submissions for Muaūpoko [14] All Muaūpoko claimants underscored the longevity of the tribe’s association with the Horowhenua and lower North Island region. Mr...

6. Q Ltd v U Ltd & R Ltd [2023] NZDT 683 (12 December 2023) [pdf, 162 KB]

   ...determine the claim. The matter is therefore struck out (and would otherwise have been dismissed as the applicant did not attend the hearing to present their claim). Referee Perfect Date: 12 December 2023 Page 2 of 2 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for...

7. BC v BQ [2024] NZDT 390 (5 June 2024) [pdf, 142 KB]

   ...any remedy is available? What were the terms of the agreement? 5. The common law of contract applies. For a contract to be enforceable there must be agreed terms. Except in specific circumstances an agreement need not be in writing. It can be formed orally or recorded in writing, or a combination of both. 6. In this case, both parties acknowledged and I accept the agreement was for a purchase price of $20,000 with a deposit of $12,000.00. They also acknowledged and I accept th...

8. D Ltd v EB Ltd [2019] NZDT 1514 (13 August 2019) [pdf, 130 KB]

   ...preceding paragraph, it follows that I also find that EB Ltd is not liable to pay the whole or any part of the amount claimed by D Ltd. I therefore dismiss the claim. Referee: PJ Ferguson Date: 13 August 2019 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available or a mistake was made. If you wish to...

9. FB and QB v HD Ltd [2021] NZDT 1445 (10 November 2020) [pdf, 264 KB]

   ...intended to cover the force majeure event. The Court or Tribunal may, if it is just to do so, also allow a party who has incurred expenses before the time of discharge to retain those expenses including any reasonable overhead expenses and any services performed. 5. The issues to be decided can be stated as follows: (i) Did the contract, on its true construction, intend to cover the event in question? (ii) If not, was the contract frustrated? (iii) If so, is it just that HD Limite...

10. O Ltd v U Ltd & Z Ltd [2023] NZDT 655 (5 December 2023) [pdf, 122 KB]

    ...obliged to provide the truck to O Ltd in any particular condition. It was only obliged to provide a vehicle with a current COF. 1 Section 137(1) CCLA 2 Section 24 CCLA CI0301_CIV_DCDT_Order Page 3 of 4 22. Therefore, the issues that form the basis for O Ltd’s claim for compensation on the grounds of mistake, are the issues that were present when Z Ltd [Town] carried out its COF inspection and that were issues that Z Ltd [Town] should have failed. 23. At the hearing...