Search Results

1. NP v KT [2021] NZDT 1706 (12 October 2021) [pdf, 243 KB]

   ...written quote setting out the work to be done. A quote is an offer to do specified work for a set price. When a quote is accepted the person offering the quote and the person accepting it have entered into a contract. A legally binding contract is formed where both parties intend to contract on agreed terms, such as work set out in a quote. For a contract to be enforceable the terms of the contract need to be certain and clear. 6. It is not disputed that KT carried out work in addition...

2. Te Manutukutuku Issue 14 [pdf, 2.6 MB]

   ...contentious land claims headed towards its final resolution with the passing of the Orakei Act 1991 late last year. The Act is very different from the 1978 legislation it replaces, reflecting the new environment for the settlement of Maori claims. The former legislation referred cautiously to an 'agreement' reached between the Crown and Maori, with regard to 'the public interest ... tlle interests of the hapu and the special relationship of the hapu with the land'....

3. Form 24 Search Warrant [docx, 18 KB]

   INDICATIVE FORM FOR TERRITORIAL AUTHORITY GUIDANCE ONLY Form 24 Search warrant Section 270, Sale and Supply of Alcohol Act 2012 To every constable 1 Ground of warrant I am satisfied, on an application made by [full legal name, address, occupation] on [date], that there is reasonable ground for believing that— (a) Select the applicable paragraph(s). (b) any alcohol is being sold, or exposed or kept for sale, on the premises/conveyance* described below, being premises/a conveyance* in which t...

4. UT v T Ltd [2024] NZDT 852 (22 August 2024) [pdf, 113 KB]

   ...due to parking restrictions outside his property. The yellow lines outside UT’s property meant the removalist would have to park 100 meters away. UT claims it was T Ltd responsibility to ascertain the parking restrictions. 4. T Ltd claim it informed UT on the day it could continue with the job, however, due to having to park its truck further away, more removalists would be required. This solution would have incurred further costs which UT did not agree to and therefore cancelled th...

5. BI v U Ltd [2022] NZDT 142 (5 August 2022) [pdf, 101 KB]

   ...policy. 3. The issue is whether BI breached the conditions of his policy (his contract with U Ltd) allowing U Ltd to decline the claim. Did BI breach the policy (contract) allowing U Ltd to decline the claim? 4. When BI completed the claim form he says the car was stolen on 26 March 2016 and that it was stolen from [Address 1] and that the keys were left in the ignition. 5. When discussing his claim with a claims handler on 31 March 2016 BI said that the car was stolen from a...

6. Ratnam v Accident Compensation Corporation (Deemed cover) [2025] NZACC 53 (27 March 2025) [pdf, 260 KB]

   ...proceedings were held. On 19 November 2024, the Reviewer dismissed the review, on the basis that the Corporation had sufficient basis to be not satisfied that Ms Ratnam had a continued right to ongoing entitlements, and that there was no clear request for cover right-sided trochanteric bursitis/gluteal tendinopathy and so Ms Ratnam was not entitled to deemed cover. [31] On 17 December 2024, a Notice of Appeal was lodged. Deemed cover Relevant law [32] Section 48 of the Act prov...

7. [2022] NZACC 127 – ONeill v ACC (4 July 2022) [pdf, 308 KB]

   ...case, the correspondence reveals that ACC has made no decisions which attract review rights under s 134 of the Act. ACC’s correspondence with Mr O’Neill advisory in nature. [32] I accept the respondent’s submission that at no time has ACC formed a view on, or made a decision about, the merits of any claim Mr O’Neill may have made. [33] ACC’s 23 August 2019 letter advise Mr O’Neill that ACC had previously advised him what he needed to do to lodge a claim and that the...

8. BO v NC Ltd [2024] NZDT 13 (30 January 2024) [pdf, 219 KB]

   ...this feature was available. However, although programmed, this feature did not work, and the car would not heat up when it was programmed to. The respondent said that this was because the software was not available, but it did not know this until informed by [car maker] in New Zealand who then began to work on a solution. Eventually the solution, in the form of a software update was made available, and the feature began to work. However, the applicant told the Tribunal that this was a year...

9. M Ltd v G Ltd [2024] NZDT 704 (27 August 2024) [pdf, 179 KB]

   ...usual understanding of a ‘full and final settlement’ and would not meet the requirements of ‘accord and satisfaction’ that there be consideration on both sides of a settlement agreement. Therefore, there would have been no binding settlement formed if that meaning was accepted. 10. The wording ‘full and final settlement’ could simply be read at face value, which would mean no further claims could be brought by either party in relation to the truck-build. However, given M Lt...

10. Statement of Defence and Counterclaim [docx, 55 KB]

    [bookmark: _GoBack]Guidance on Using the Statement of Defence and Counterclaim Template About the statement of defence and counterclaim [bookmark: Purpose]Use this form if you have been served with a claim in the District Court, and you wish to both defend the claim AND counterclaim against the plaintiff. You must file in the court and serve on the plaintiff a Statement of Defence and Counterclaim within the timeframe specified on the notice of proceedings. This is usually within 25 working day...