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1. Slinger v Zhou [2015] NZIACDT 38 (15 April 2015) [pdf, 242 KB]

   ...it (clause 1.5(a)); and [8.1.4] She did not set out the fees and disbursements before commencing work that incurred costs (clause 8(b)). [8.2] That Ms Zhou breached clauses 1.1(a) and (b) of the 2010 Code; those provisions required Ms Zhou to perform her services and carryout the lawful informed instructions of clients with due care, diligence, respect and professionalism. The particulars of the alleged breaches of those obligations were: [8.2.1] In July 2011, the applicants engaged M...

2. 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...

3. 2021 archive

   ...addition to travel exceptions list Temporary issues with 0800 2 LEGAL AID Update on the outcome of the Police Detention Legal Assistance (PDLA) trial roster survey Criminal Cases Review Commission – update to granting process Legal Aid application forms updated due to the Privacy Act 2020 Legal Services - Waikato Alcohol and Other Drug Treatment Court New addition to travel exceptions list Update on Legal Aid Services response to COVID-19 (12 March 2021) Update on Legal Aid Services response...

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4. 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...

5. HT v CJ Ltd [2019] NZDT 1508 (2 October 2019) [pdf, 181 KB]

   ...witness to the conversation, HT’s account is accepted as the best evidence of what was discussed. 7. The terms of a contract are generally determined by agreement at the time of the contract. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. In this situation, it was understood that the detail of the cover would be contained in the policy document, but the basic contract was already formed before the document was received. I...

6. KB v O Ltd [2024] NZDT 192 (14 March 2024) [pdf, 203 KB]

   ...contract, and if so, what damages are reasonable? Was the kitchen design chosen by KB in December 2021, a variation to the contract? 5. I find that the L-shaped kitchen design selected by KB in December 2021 was a variation to the contract formed with O Ltd for purchase of the property. The L-shaped kitchen design, incorporating a double-doored fridge, was clearly offered as one of two options, by G on behalf of O Ltd in an email dated 14 December 2021. CI0301_...

7. DC v NL [2024] NZDT 263 (25 January 2024) [pdf, 172 KB]

   ...8. In conclusion, I find that NL did not breach the CGA and therefore DC is not entitled to any compensation, therefore the claim is dismissed. Referee: Sara Grayson Date: 25 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 rehe

8. KQ v LI [2023] NZDT 593 (6 November 2023) [pdf, 93 KB]

   ...hearing LI’s phone number was [redacted]. The Referee noted that LI initially answered then hung up, then did not answer 2 further calls. Then later that day he called the court and provided his wife’s number to be used, not the number in the claim form. Referee: J Savage Date: 6 November 2023 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...

9. 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...

10. 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...