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1. QC v N Ltd [2024] NZDT 782 (24 September 2024) [pdf, 108 KB]

   ...to call Z as a witness, nor did he provide any explanation as to what then occurred in relation to the painting assessment. 9. In these circumstances I find it more likely that not that the final product was not reasonably fit for purpose. In forming this conclusion I considered the timing of the purchase, and when the painting was completed, and I gave some weight to the possibility that some minor damage to the paint on the walls might have occurred during the open homes. However, o...

2. IPT Practice Note 2/2024 Refugee and Protection [pdf, 490 KB]

   ...APPEAL 4. APPLICATIONS FOR LEAVE TO APPEAL OUT OF TIME 5. DEPORTATION APPEAL ON HUMANITARIAN GROUNDS 6. REPRESENTATION 7. CONTACT ADDRESS 8. FAMILY APPEALS AND CHILDREN 9. NEEDS OF APPELLANTS 10. OFFICIAL INFORMATION ACT AND PRIVACY ACT REQUESTS 11. ORDER OF DETERMINATION AND REQUESTS FOR PRIORITY 12. SUBMISSIONS AND EVIDENCE 12A. SUBMISSIONS AND EVIDENCE PROVIDED BY THE APPELLANT 12B. EVIDENCE GATHERED BY THE TRIBUNAL 12C. SUBMISSIONS AND EVIDENCE PROVIDED BY THE RES...

3. [2019] NZEnvC 148 Guthrie v Queenstown Lakes District Council [pdf, 2 MB]

   ...Trustees Limited & others, ENV-2019-CHC-45 (the 'Banco appeal') seeking a minimum lot size of 4,000m2 for subdivision in the WBLP, and controlled activity status for construction of buildings within approved/registered building platforms within the WBLP. 3 [2] The applicants for waiver ('waiver applicants'/'applicants') seeking to join both appeals (collectively 'PDP appeals') as 274 parties are as set out in [A]. [3] Banco Trustees Li...

4. IH v DD Ltd [2021] NZDT 1624 (12 July 2021) [pdf, 187 KB]

   ...Council letter noted that the downstairs area could not be rented separately. It also seemed to presume that the work had been done in the 1950s when consent was not needed. I am satisfied on the basis of evidence IH produced from the Council and a former owner that the work was in fact done sometime after 1997. 9. When DD Ltd re-advertised the property on Trade Me in November 2020, in order to get a back-up contract due to IH’s difficulties obtaining finance, it stated “The downstair...

5. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

   ...If not, are SG and LN entitled to compensation of $15,000.00 as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 5 What was agreed about the design of the Headstone? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking a...

6. P Ltd v Q Ltd [2021] NZDT 1643 (8 October 2021) [pdf, 145 KB]

   ...Ltd’s [vehicle] at an agreed price of $9890.00 including GST. 2. P Ltd claims $4,375.00 for the balance of the unpaid invoice of $3500.00 and collection costs of $875.00. 3. Q Ltd counter-claims $5000.00 as a refund for illegal work performed and to recover the cost of his original factory rims and tyres. 4. The issues to be determined are: a. What were the terms of the contract, and did Q Ltd breach the terms of the contract by failing to pay, or did P Ltd breach the...

7. 2019 archive

   ...legal aid provider application for Queen’s Counsel When court security arrangements prevent signing a legal aid application form Mileage rate increasing to $0.79 per km for invoices received from 5 August 2019 Legal aid invoices review – Updated forms (version 17) Returning Offenders Identifying calls from Legal Aid Services Witness costs Correspondence about Family Violence proceedings Changes to Family Violence Legislation Canterbury Earthquakes Insurance Tribunal proceedings eligible for...

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8. [2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd [pdf, 309 KB]

   ...before and after August 2020, he regarded himself as bound by the obligation to make himself available for such overtime. [19] He said he was a member of a relatively small service department. In reality there was no option to decline overtime if requested. To do so would have placed a lot of stress on co-workers. He considered there was “an absolute expectation” that he would undertake this work. [20] Overtime was common on Mondays to Fridays. It was also common on Sat...

9. 207w-Application-for-assessment-of-financial-means.pdf [pdf, 649 KB]

   MOJ 207 July 24 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 8 When should I use this form? This form lets you find out more about a judgment debtor’s ability to pay a judgment debt. Use this form if all the following apply: • you are the judgment creditor and the money owed to you in a judgment or court order has not been paid • you have asked the judgment debtor to complete a financial statement but they have not complie...

10. Waitangi Tribunal theme Q - Foreshore [pdf, 559 KB]

    ...The earlier cases 3.2. Judge Acheson and the northern foreshore cases 3.3. In re Ninety-Mile Beach 4.0. The law of foreshore ownership: summary and analysis 5.0. Coastal planning: the current legal framwork 6.0. Conclusions and options for reform Bibliography of secondary sources Appendix: Selected Principal Documents 1. Kapanga Parumoana case (1872) 2 Coromandel MB 315-6, and extracts from Daily Southern Cross. 2. Crown Law opinion on foreshore area at Wenderholm. 3. Opi...