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1. EG v KI [2023] NZDT 247 (12 June 2023) [pdf, 109 KB]

   ...damaged from the trimming: one manuka and two pohutukawa. 10. Photos were presented that showed the tops had been trimmed in a way that left “stubs”. These were unsightly, and not at growth points in the tree that would encourage proper future form. 11. I therefore consider that the trees were damaged. One was able to be rectified by trimming. The other two were removed altogether. KI made the point that the two trees that were removed were still alive. However, given the...

2. IM v X Ltd [2024] NZDT 402 (17 June 2024) [pdf, 175 KB]

   ...proving that X Ltd fell short of reasonable expectations for security in all the circumstances. He has failed to prove this, so the claim must be dismissed. Referee: E Paton-Simpson Date: 17 June 2024 Page 3 of 3 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...

3. NC Ltd v TE & HE [2024] NZDT 597 (17 July 2024) [pdf, 175 KB]

   ...prove that additional amounts are owing, and there can be no percentage cost over-run, due to the fixed price nature of the job. The claim must therefore be dismissed. Referee Perfect Date: 17 July 2024 Page 3 of 3 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 a...

4. Dablo v Tan [2013] NZIACDT 28 (20 May 2013) [pdf, 234 KB]

   ...under delegation). [27] Ms Tan did not lodge an application for residence at this time. Appeal to Removal Review Authority without authority [28] Ms Dablo was told an appeal had been lodged with the Removal Review Authority, and shown an appeal form that had been completed and signed as though she had signed it. In fact, Ms Dablo had never signed the form or given instructions for it to be completed. The appeal form was dated 24 November 2009. 4 [29] Ms Dablo regar...

5. Smith – Nikora Whānau Trust (2013) 2013 Chief Judge’s MB 302 (2013 CJ 302) [pdf, 109 KB]

   ...applicant becoming a beneficiary of the trust and not the applicant herself. Knowing that this would reduce their entitlement, the applicant contends that they would be unlikely to consent. Moreover the trustees have already rejected the applicant’s request to gift the applicant the 1/6 of land interests derived from Tawhiritoroa. [14] The applicant also submitted that there was no consideration by the Court to the effects of making such orders and statements, and as such the s...

6. [2013] NZEmpC 174 Udovenko v Offshore Marine Services (NZ) Ltd [pdf, 66 KB]

   ...Authority that does not, of itself, amount to an abuse of process in terms of pursuing such a claim on a de novo challenge in this Court. The offer of payment for the six month's work was a matter before the Authority and can be pursued in a re-formulated claim in the Court. [10] In Bourne v Real Journeys Limited 3 Judge Couch referred to an earlier judgment of the full Court and held that the Court could hear and decide matters which were not actually determined by the Author...

7. Wati v Corrections [2018] NZHRRT 38 [pdf, 330 KB]

   ...[1] On 12 June 2014, Allan Wati was transferred to Christchurch Men’s Prison where he was held on remand while facing criminal charges. On the same day, Detective Constable Lindsay Tilbury sent an email to the Intelligence Unit at the Prison, requesting that he be provided with copies of letters sent from prison by Mr Wati. One letter was provided to him, but Detective Constable Tilbury was told that a production order would be required before Corrections could provide the Police wit

8. Waitangi Tribunal - District 13 Part 1 Northern South Island [pdf, 4.1 MB]

   ...the Tainui iwi Ngai Tara-pounamu, and possibly by remnants of Waitaha, and even a few Ngati Kuia. Tasman Bay had several small communities of Ngai Tara, and possibly remnants of an early WaitahaJRapuwai occupation. Golden Bay and the West Coast formed the takiwa of Ngati Wairangi, a tribe which had migrated there from the Whanganui district. This pattern of occupation was altered significantly in the sixteenth century by more intensive Ngai Tara settlement, and by the arrival of two...

9. [2022] NZACC 17 - Bellamy v ACC (27 January 2022) [pdf, 187 KB]

   ...proceedings. … 8. Mr Bellamy claims that at the review he sought $4,047.56 (including GST) and costs, for the cost of Mrs Bellamy representing him. The Appellant’s Submissions [8] Mr Bellamy’s starting point is a completed ACC 5937 form namely an authority to act form dated 4 April 2013. In that form, signed by Mr Bellamy, it is recorded that his wife Maraea Bellamy is given authority to act on his behalf. The form also contains a “client representative declar...

10. B Ltd v H Ltd [2022] NZDT 270 (20 December 2022) [pdf, 182 KB]

    ...and Commercial Law Act 2017 provides that a party may cancel a contract if the other party breaches a term in the agreement. I have found that H Ltd has breached a term of the agreement. 8. However, the contract may only be cancelled if the performance of that term is essential to the cancelling party or significantly increases their burden. I accept the evidence PO that the time when the trailer would be made was agreed to at the outset of the contract and was impliedly an essential