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1. Adoption Action Inc v Attorney-General [2016] NZHRRT 9 [pdf, 371 KB]

   ...whether a meaning consistent or less inconsistent with the right can be found [254] REMEDY [257] Crown submissions on remedy [260] Discussion – the comity point [262] The law reform point [267] The “good practice” point [270] The Crown request for a further remedies hearing [272] DECLARATION [277] COSTS [280] 5 INTRODUCTION [1] The Adoption Act 1955 came into force on 27 October 1955, some 61 years ago. But as one informed commentator has pointed out, the o...

2. Te Ohu Kaimoana Trustee Limited v Te Rūnanga nui o te Aupōuri - application under s 182(4) Māori Fisheries Act 2004 (2015) 102 Taitokerau MB 1 (102 TTK 1) [pdf, 314 KB]

   ...relevant. Reliance is placed on an affidavit of Mr Haami Piripi filed in support. Mr Piripi is the current Chair of Te Rūnanga o Te Rarawa. Mr Piripi refers to a mana paradigm developed by Maori Marsden as a benchmark. That paradigm identifies three forms of mana. Mana tupuna (or atua) derived through ancestry and defined by genealogical relationships. Mana tangata, an expression of the inherited attributes of the individual and mana whenua/moana the ability to make decisions about...

3. BORA Te Hiku Claims Settlement Bill [pdf, 280 KB]

   Te Hiku Claims Settlement Bill 11 February 2014 Attorney-General Te Hiku Claims Settlement Bill - (PCO 15369/6.2) – Consistency with the New Zealand Bill of Rights Act 1990 1.We have considered the Te Hiku Claims Settlement Bill (the Bill) for consistency with the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). We advise that the Bill appears to be consistent with the Bill of Rights Act. 2.The Bill effects a final settlement of the claims 1 of four iwi - Ngāt...

4. Form-26_Criminal-Fixed-H-I.pdf [pdf, 188 KB]

   Version 21 – October 2023 page 1 10/23 form 26 Tax Invoice Criminal Legal Aid Fixed Fees Schedules H & I Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. Charges/CRNs To: Legal Aid, DX Box Number City Customer Lead provider Law firm Provider number Firm number Court type Court of Appeal Supreme Court Court location Details of claim Fixed Fee: Date fixed fee(s) completed...

5. BN v MV & KT [2023] NZDT 534 (5 October 2023) [pdf, 229 KB]

   ...that the issue with water entering the garage should have been disclosed to him at the time of purchasing the property. In particular, he said he asked specifically about water tightness of the garage and any issues with the retaining wall which forms part of the garage walls but was told by KT that nothing had been disclosed to her. 4. MV accepts that she and her husband had experienced one situation where water entered the garage but had installed a drain to deal with the problem. S...

6. Rata - Whataarakai No 1 Roadway and Lot 1 Deposited Plan 374627 [2020] Chief Judge's MB 74 (2020 CJ 74) [pdf, 432 KB]

   ...plan attached to the application. 5. The affected roadline is 400m long and crosses a steeply incised gully off Tapairu Road. From the material attached to the application it appears that the existing roadline was a paper road, opposed to a formed road. It is noted that the Central Hawkes Bay District Council would not consent to access being formed at the entry of the existing roadline where it adjoins Tapairu Road, due to safety concerns. The application lodged sought to realig...

7. TQ & BC v B Transport [2023] NZDT 441 (30 August 2023) [pdf, 182 KB]

   ...their terms and conditions and that TQ agreed to those when he parked and left his vehicle in the carpark. However this damage occurred before TQ was able to determine whether he would be able to park in the carpark and therefore no contract had been formed at that time and no terms and conditions agreed to. 7. In any event, as TQ points out, it is not possible to contract out of the Consumer Guarantees Act (‘CGA’) guarantee to provide a service with reasonable care and skill. B...

8. PD v QB [2024] NZDT 573 (16 July 2024) [pdf, 233 KB]

   ...principle of caveat emptor or buyer beware. The general position is that the buyer must be responsible for his or her own purchasing decision. 9. 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 Contract and Commercial Law Act 2017 (CCLA) provides that when a buyer has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent that person is entitled t...

9. Fehling v Appleby (Strike-Out Application) [2013] NZHRRT 19 [pdf, 54 KB]

   ...Fehling was told that the reason was that complaints had been made to the Caretaker that he (Mr Fehling) had been using the pool, showers and toilets at the School. Mr Fehling strongly denies these allegations. By way of a request for personal information under the Privacy Act 1993, Mr Fehling sought the names of the individuals who had made the complaints. The School declined to provide that information, relying on s 27(1)(d) (disclosure of the information would likely endanger the sa...

10. IJ v K U Ltd [2020] NZDT 1549 (10 December 2020) [pdf, 202 KB]

    ...inspection is strong evidence the system was not legally compliant. Further, IJ was required to install an RPZ valve. K & U Ltd contracted with IJ to provide a legally compliant working system and it was not. Furthermore, K & U Ltd employees informed IJ on many occasions that the RPZ valve requirement was just an error in the paperwork and it was not. For these reasons I find K & U Ltd has not completed the work they contracted to complete with reasonable skill and care. I also...