Search Results

1. 20210521-Taxation-Budget-2021-and-Remedial-Measures-Bill.pdf [pdf, 918 KB]

   ...articles 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.' Exclusion of remedy of compensation 9. Clause 26(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. 10. This clause might be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Act, namely the right to bring c...

2. IR v ST LCRO 203 / 2010 (9 March 2012) [pdf, 190 KB]

   ...formal advice as to the strategy to be adopted renders Mr SF’s conduct unsatisfactory. Mr IR had demonstrated his ability by his earlier efforts on his own behalf. In addition, the die was cast to a large extent, when Mr SF was presented with a request to represent Mr IR at the second Family Court hearing for which a date had already been scheduled. [79] The criticism of the Court of Appeal was that Mr IR had not pursued his application for leave to Appeal to the Court of Appeal...

3. 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...

4. LA - Part 2 - Areas of Law Waitangi Tribunal [pdf, 777 KB]

   ...for each area or category. Case examples should be cases where you played a substantial and active role. Examples need to demonstrate substantial and active involvement across the range of cases. Please complete the Waitangi Tribunal Case Examples Form. You must provide the following case examples: • Provide at least three examples of substantial Waitangi Tribunal proceedings. • Each example must demonstrate that you had a substantial and active involvement in the case. • all...

5. K&B Partnership v JC [2016] NZDT 1345 (14 April 2016) [pdf, 184 KB]

   ...further issues regarding compensation, if any, that arise under the WACA that would have arisen had I found the animal to have been shot on DOC land. Referee: J Costigan Date: 14 April 2016 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to a...

6. BL v GG Ltd [2022] NZDT 200 (5 December 2022) [pdf, 176 KB]

   ...2. The issues I must decide are: a. Is BL entitled to cancel her one-year gym membership with GG Ltd? b. If yes, is the amount claimed reasonable? Is BL entitled to cancel her one-year gym membership with GG Ltd? 3. A contract is formed when two parties exchange something of value. In this situation BL paid $2330.00 for a one-year gym membership at GG Ltd. 4. BL states she did not sign any paperwork when she agreed to pay for the one-year membership. She states she n...

7. QD & SC v NU [2023] NZDT 756 (12 December 2023) [pdf, 207 KB]

   ...and SC had to purchase cladding and flashings. 24. The cost the cladding and flashings is proven. 25. NU is liable to QD and SC for that amount. Referee: Nicholas Blake Date: 12 December 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: for example, the relevant information was not available at the time. If you wish to apply for a r...

8. 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...

9. 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...

10. 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...