Search Results

1. BORA Hineuru Claims Settlement Bill [pdf, 288 KB]

   ...articles 14 and 27 of the International Covenant of Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act. [3] Whether s 27(3) at issue 8. Clauses 26(3) and 30 of the Bill respectively exclude damages or other forms of monetary compensation as a remedy for any failure by the Crown to comply with Te Kawenata without good cause or a protocol under the Bill. 9. These clauses may be seen to raise the issue of compliance with s 27(3) of the Bill of...

2. BORA Ngāti Whātua o Kaipara Claims Settlement Bill [pdf, 289 KB]

   ...exclusion was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.[5] Exclusion of remedy of compensation 8. Clause 29(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with a Culture and Heritage protocol issued under Part 2 of the Bill. It might be argued that this clause limits the right to bring civil proceedings against th...

3. BORA Te Atiawa Claims Settlement Bill [pdf, 278 KB]

   ...consistent with articles 14 and 27 of the International Covenant of Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act. [3] Whether s 27(3) at issue 8. Clause 23(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 9. This clause may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring c...

4. MI & ZM v B Ltd [2024] NZDT 435 (12 June 2024) [pdf, 195 KB]

   ...reasonable care and skill? • What remedy is available to the applicants? CI0301_CIV_DCDT_Order Page 2 of 4 Did B Ltd manage its credit/refund and booking processes with reasonable care and skill? 6. As the contract was formed in [Country], and because the Montreal Convention does not cover this aspect of an airline’s dealings with its customers, the Consumer Guarantees Act 1993 (‘CGA’) applies. 7. ZM also referenced the Fair Trading Act, but as the...

5. Langhorne v ACC [2010] NZACA 11 [pdf, 78 KB]

   ...treated the review application lodged under Part 9 of the 1992 Act, as coming under Part 5 of the 2001 Act. [9] This process was upheld and promoted by the Reviewer, and acquiesced to by the Case Manager, despite counsel’s repeated objections and requests to conduct the review under the correct legislation. [10] Through correspondence with Legal Services and the Wellington City branch office, ACC was put on formal notice on 28 February 2008, 4 March 2008, 4 April 2008, 18 Apr...

6. Langhorne v Accident Compensation Corporation [2010] NZACA 11 [pdf, 326 KB]

   ...treated the review application lodged under Part 9 of the 1992 Act, as coming under Part 5 of the 2001 Act. [9] This process was upheld and promoted by the Reviewer, and acquiesced to by the Case Manager, despite counsel’s repeated objections and requests to conduct the review under the correct legislation. [10] Through correspondence with Legal Services and the Wellington City branch office, ACC was put on formal notice on 28 February 2008, 4 March 2008, 4 April 2008, 18 Apr...

7. Johnston Property Holdings Limited [2014] NZWHT Auckland 5 [pdf, 106 KB]

   ...for reconsideration requires the claimant to provide sufficient details to support the application. In this section Ms Johnston stated that the company would provide evidence to confirm that the property was built after August 2003. Ms Johnston requested an extension of time to provide this evidence. [4] On 5 March 2014 the Tribunal Chair, Ms McConnell, wrote to JPL at the address provided and sent a copy of this letter to Mr Johnston by email to the email address provided. M...

8. Form 16 Waitangi Tribunal Invoice [pdf, 225 KB]

   Legal Aid Services use only Approve Further information Refuse Version 19 – September 2022 page 1 09/22 form 16 Tax Invoice Waitangi Tribunal Proceedings Legal Aid File No. Invoice Reference No. GST Number Invoice Date To: Legal Aid, DX Box Number City Customer WAI Number Inquiry Lead provider Law firm Details of Claim Covers period from to Interim invoice Final invoice Stage of...

9. Form-20a_Civil_non-Fixed.pdf [pdf, 186 KB]

   Version 21 – October 2023 page 1 Use this form to claim for any Civil matter other than Family, Waitangi and fixed fee proceedings. To: Legal Aid, DX Box Number City Customer Lead provider Law firm Details of claim Forum category 1 2 3 4 Type of proceedings this invoice covers: Covers period from: to Interim invoice Final invoice Lead Provider Listed Provider B Provider name or numbe...

10. EFT v SQ [2019] NZDT 1357 (25 October 2019) [pdf, 195 KB]

    ...are EFT 's reasonable losses? Was Mr Q negligent in allowing his stock to make their way onto the highway? 4. I find that EFT have provided insufficient evidence to prove negligence on Mr Q's part. Section 5(2) of the Animal Law Reform Act 1989 states that, in determining whether or not a person is liable by way of negligence for damage caused by an animal straying onto a particular highway, consideration shall be given to the common practice in the relevant locality in r...