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1. IM Ltd v HI [2023] NZDT 566 (30 November 2023) [pdf, 106 KB]

   ...payable? c) Are debt collection costs payable? Is HI contractually bound to pay the original invoice? 5. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. 6. Although the letter of engagement was not sent until eight days after the initial meeting, it would generally be understood that a law firm would be charging for its services unless...

2. J Ltd v U Ltd [2025] NZDT 233 (15 July 2025) [pdf, 88 KB]

   ...when it was delivered. U Ltd point out that the photograph was proof of delivery and there is the shadow of a person in the photograph which was clearly not the delivery person but a person who resided at the premises. 3. The back of the order form says door to door delivery. However, door to door delivery does not strictly mean to the door. It generally means at the customers property. 4. U Ltd say that the driver delivered the washing machine through the entrance of the gate as th...

3. Maruera v Te Runanga o Ngāti Maru (Taranaki) Trust (2017) 378 Aotea MB 118 (378 AOT 118) [pdf, 389 KB]

   ...polls or hui convened for tribal purposes. Mr McErlane, for the Rūnanga, opposes the application and says that it is the Crown who have recognised the mandate of his client to act as agent for a post settlement governance entity that may be formed at some time in the future with the consent of the iwi. The purpose of that entity, he says, will then be to enter into a Deed of Settlement with the Crown to resolve all the tribe’s historical claims, if the iwi ratifies any such set...

4. Waitangi Tribunal - The Volcanic Plateau [pdf, 3.8 MB]

   ...Because Pango was known to be a powerful tohunga, he and his Arawa group were blamed for causing Hongi' s death. They managed to escape from the north by seeking refuge with missionaries. In August 1831, a messenger was sent from Pango in Rotorua requesting Henry Williams to send a missionary to Rotorua. On 18 October 1831, Williams and Thomas Chapman were sent south to Tauranga by boat and then on to Maketu. They travelled to Rotorua (Mokoia Island) on 27 October 1831, held a servi...

5. PDLA Operational Policy v3.1 [pdf, 350 KB]

   Police Detention Legal Assistance Service Operational policy April 2018 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that cho...

6. SN v MT Ltd [2022] NZDT 220 (3 November 2022) [pdf, 98 KB]

   ...vehicle in a commercially operated carpark, they enter a contract with that company. The carpark operator must set out the terms and conditions of parking clearly and accurately on their signage, so the driver has reasonable opportunity to read and inform themselves of them. 6. SN argued that signage in the carpark was insufficient and unclear. He described the sign at the entrance as being very small and argued that there was not enough effort put into highlighting that it is paid pa...

7. NN v IQ [2022] NZDT 250 (6 December 2022) [pdf, 100 KB]

   ...Page 2 of 4 2017 (CCLA)). These provisions then reinforce the position of buyer beware in private sales except in limited circumstances. 11. If the buyer can establish that a misrepresentation was made in the process of the contract being formed, then the buyer can make a claim. Section 35 of the CCLA provides that when a buyer has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent that person is entitled to damages as if the representation were...

8. DS Ltd v I Ltd [2023] NZDT 565 (28 November 2023) [pdf, 181 KB]

   ...Ltd’s invoices? d) Is DS Ltd liable to pay damages for NI’s actions or omissions? What were the terms of the contract? 4. Contracting parties are generally free to agree their own terms. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. I Ltd negotiated some changes to DS Ltd’s standard terms, and although there was no signed contract until the later extension, the email trail provides sufficient evidence that both par...

9. SW v L Ltd [2023] NZDT 93 (20 March 2023) [pdf, 246 KB]

   ...home. 11. [Motor Company] diagnosed a faulty coil. SW rang L Ltd the next day and asked them to fix it for her. L Ltd offered to supply the coil free for her to have fitted at her cost, to return the car to their yard or to pay her $150. She informed L Ltd the estimate for fitting and supplying the coil was $300 - $450. It told her to find someone cheaper. 12. The car continued to ‘run rough’ and she emailed Ltd on 26 and 28 November to ask for help. SW had the car AA check...

10. M Ltd v KE [2023] NZDT 435 (4 September 2023) [pdf, 208 KB]

    ...evidence, I am not able to conclude the quote was expressly discussed during these calls. Again, without more, neither party is able to show on the balance of probabilities that their recollection is more likely to be correct. 10. For a contract to be formed, there must be a clear agreement between the parties about the key terms of the contract. Here they agreed how terms of the contract would be reached – namely that an inspection of the property would occur and then M Ltd would pr...