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1. KQ v UN [2024] NZDT 52 (19 January 2024) [pdf, 127 KB]

   ...damage to [car 2]. This is sufficient proof of liability in a civil claim. UN is therefore liable for the total repair costs for both cars of $10,237.93. Referee: E Paton-Simpson Date: 19 January 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...

2. NC v HU [2023] NZDT 692 (21 December 2023) [pdf, 193 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

3. TT v D Ltd & TC [2024] NZDT 488 (25 June 2024) [pdf, 171 KB]

   ...SECOND RESPONDENT TC The Tribunal orders: The claim is dismissed. Reasons: 1. In September 2023, TT purchased a tenanted two-bedroom apartment with a carpark in [suburb] from TC for $29,000.00 at an auction held by D Ltd. TT was informed by the tenants during the pre-settlement inspection that there was a leak in the sink and shower. Settlement went ahead, but TT subsequently resold the apartment to her property manager, who had originally managed the property for TC...

4. Brockie & Anor as Trustees of the Brockie Trust v Millington [2010] NZWHT Wellington 5 [pdf, 245 KB]

   ...was a high wind/high exposure zone. In terms of his brief it was incumbent upon Mr Tribe to draw the attention of Mrs Brockie to this design weakness and the likelihood of it increasing the possibility of leaking so that she could make an informed decision. [30] A major area of leaking in this property was at the door thresholds and the deck. The deck had no fall. Mr Tribe was asked if he had used a spirit level to establish there was a fall. He said he did not and he h...

5. [2017] NZEmpC 102 Kaipara District Council v McKerchar [pdf, 176 KB]

   ...Employment Relations Act 2000 (the Act). [4] Costs were reserved with a timetable being imposed that would have ensured Chief Judge Colgan could have resolved any application for costs prior to his retirement. However, on 28 June 2017, counsel requested a revised timetable so that this could no longer be the case. [5] In a minute issued on 29 June 2017, Chief Judge Colgan recorded these views: If it assists the parties and the Judge who is to determine costs, my present vie...

6. Brokenshaw - Te Kaha B6X2 (2003) 81 Ōpōtiki MB 18 (81 OPO 18) [pdf, 891 KB]

   ...family to reclaim possession of the land and the house. She also expressed concerns about the chattels in the house. This application was filed with the application under section 20/1993. In support of the application Ms Brokenshaw filed an affidavit requesting that the Court consider the following. First of all that she had filed an application under section 18(1 )(a)/1993 determining ownership of the house and garage on Te Kaha B6X2. Secondly, that the block was owned jointly by herse...

7. 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...

8. [2018] NZSSAA 12 (28 February 2018) [pdf, 158 KB]

   ...states that the Ministry relies on a letter to the Authority from the Appeals Officer dated 12 October 2017 to support its submissions. [14] The Appeals Officer contends that asking an applicant for a benefit to attend a local office amounts to performance of an ancillary function under the State Sector Act 1988, not a decision. The officer cites s 32 of the State Sector Act which requires the Chief Executive to discharge his responsibilities for the efficient, effective, and eco...

9. [2024] NZLVT 025 - Thompson v Auckland Council (6 May 2024) [pdf, 178 KB]

   ...purposes for the City Rail Link Project. Agreement reached The Tribunal received a memorandum of the parties dated 1 May 2024 advising that the Claimants wish to discontinue the proceedings. Auckland Council consents. Accordingly, the parties requested leave to withdraw the proceedings, with no issue as to costs, by consent. Role of Tribunal Rule 15 of the Land Valuation Tribunal Rules 1977 allows proceedings to be withdrawn with leave of the Tribunal. These issues rela...

10. [2025] NZEmpC 162 Postal Workers Union of Aotearoa Inc v NZ Post Ltd [pdf, 177 KB]

    ...litigation. [16] Mr Mitchell considered that such an arrangement placed NZ Post in a position where it had funded Mr Wood’s share of the costs payable to the union only to claim that share back through this application. That was the foundation for a request that the Court require the production of the settlement agreement, presumably for inspection and to enable further submissions. [17] The second plank in the union’s response was that the settlement disrupted hearing what...