Search Results

1. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...the International Covenant on Civil and Political Rights and with art 27, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Limitation on civil proceedings - section 27(3) 9. Clause 21(3) of the Bill excludes damages or any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under the Bill. 10. I have considered the potential application of s 27(3) of the Bill of Rights Act, namely the right to bring civil proceedi...

2. [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...

3. 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

4. NH Ltd v NZ [2024] NZDT 159 (26 March 2024) [pdf, 179 KB]

   ...and was it fit for the purpose? c) What sum, if any, is payable? What were the terms of the contract? 3. 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. 4. It was undisputed that the agreed pricing was $24,000.00, plus $14.00 per square metre for the additional concrete for the variation from 100 mm to 150 mm, exclusive of GST. The inv...

5. SB & IM v TO [2024] NZDT 414 (21 May 2024) [pdf, 187 KB]

   ...September 2021 for assistance with a partnership visa application. TO is not a licensed immigration advisor, but is, or was at the time, an employee of [Government Agency]. He says he was doing SB a favour, initially by assisting with an Official Information Act enquiry, and later by assisting with the visa application. 2. SB has quite a different version of events. She says she engaged TO to assist with her immigration matters and he charged a fee of $13,000.00 for that assistance (she...

6. 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

7. 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...

8. 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...

9. Application-for-assessment-of-financial-means-MoJ207.pdf [pdf, 306 KB]

   MOJ207/11/17 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 8 When should I use this form? This form lets you find out more about a judgment debtor’s ability to pay a judgment debt. Use this form if all the following apply: • you are the judgment creditor and the money owed to you in a judgment or court order has not been paid • you have asked the judgment debtor to complete a financial statement but they have not complie...

10. Naera v Fenwick - Whakapoungakau 24 Block (2011) 34 Waiariki MB 151 (34 WAR 151) [pdf, 193 KB]

    ...Respondents appear to be relying solely on the self interested advice of Mr Carswell and Bob Weston along with GEL, and their lawyers. Messrs Rabindran and Weston provided an evaluation report to TGL in March of this year on a tender process that requested proposals from suitable companies, which resulted in a shortlist of two, Ormat and Mighty River Power. [27] Ms Aikman submitted that given the close relationships between Messrs Rabindran, Carswell and Weston and their associated...