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1. Form 79 Response to Third Party Claim [pdf, 203 KB]

   Form 79 Ministry of Justice Collections Unit   www.justice.govt.nz/f ines/civil-debt 0800 658 952 Notice to registrar: response to third party claim Court reference number Agent reference number This notice relates to the court case between (Full name of judgment creditor(s))  and (Full name of judgment debtor)  To a registrar of a District Court This document notifies you that: Select one of the following: I accept (Name of third party’s)  claim to ownership of the follow...

2. Gilvray v Rungarunga - Succession to Tamati Rungarunga [2023] Chief Judge's MB 551 (2023 CJ 551) [pdf, 319 KB]

   ...filed the following documents: a) On 7 June and 21 September 2018 memorandums stating that the applicant “does not have standing to file the application.” Counsel noted that the applicant had not been in contact with the Callaghan sisters and requested that the applicant produce birth certificates for the sisters that name “Tamati Rungarunga (Snr) as their father.” b) Counsel stated that an application should be filed by the Callaghan sisters, or other persons who have st...

3. 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...

4. [2021] NZACC 33 - McSherry v ACC (10 February 2021) [pdf, 241 KB]

   ...compromise on all three levels that have been reported. In the comments the radiologist mentioned multi level shallow disc protrusion in the lower lumbar spine without evidence of neural compromise. [44] On 4 February 2013, Mr Rietveld requested that the appellant be referred for review to the Burwood Pain Clinic. He said that a recent MRI showed multi-levels discogenic changes in the lower back and that higher up he had anterior partial fusions. He said the appellant ha...

5. Waitangi Tribunal - Principles of the Treaty of Waitangi as expressed by the Courts and the Waitangi Tribunal [pdf, 190 KB]

   ...objection is not an adequate response to the Treaty’s terms … Criticism that a tribe has failed to object is largely to blame the victim of the historic process for its current condi- tion … Modern circumstances compel the need for legally cog- nisable forms of tribal institutions with authority to represent the tribe on local issues and adequate resources to assist the formulation of tribal opinion.394 In the Muriwhenua Fishing Claim Report (1988), the Tribunal considered that in circum...

6. UC Ltd v BD Ltd [2024] NZDT 553 (9 July 2024) [pdf, 267 KB]

   ...put in and maybe they put some in and not all of it. BD says: 19. The photographs UC Ltd supplied on 20 May of the different sections of concrete shows a less significant difference in colour than the photographs they supplied with the claim form. 20. UC Ltd comment about the colour of council footpath (being darker) but the footpath colour is also significantly darker than the TU concrete. 21. The photograph of the footpath looks very dirty and looks quite old so making th...

7. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...1.6014ha but adding up the areas shown on the title plan SO 457739 which accompanied the notices to take gives a total area of 1.4702ha. It may be that the latter area does not include some land on the northern side which may previously have formed part of the property but which now forms part of the Auckland - Hamilton motorway. Ultimately this makes no real difference to the present issue. 3 [6] The area sought to be taken by the Council totals 3,047m2 , in three sections al...

8. DT v-S Ltd [2019] NZDT 1510 (30 September 2019) [pdf, 96 KB]

   ...the terms of the agreement? b) Should a refund be ordered under the Fair Trading Act 1986 (FTA)? Is DT is entitled to a refund under the terms of the agreement? 5. When interpreting a contract, the courts inquire what a reasonable and properly informed third party would consider the parties intended the words of their contract to mean, taking into CI0301_CIV_DCDT_Order Page 2 of 3 account the “factual matrix” surrounding the contract. The courts have held that any ambiguity i...

9. DC and SN v KH [2020] NZDT 1449 (23 September 2020) [pdf, 215 KB]

   ...reasonable losses suffered as a result of the collision? 14. As the claim has not been proven, the losses do not need to be addressed and the claim is dismissed. Referee: J Perfect Date: 23 September 2020 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. BI v H Ltd [2023] NZDT 497 (20 September 2023) [pdf, 94 KB]

    ...occurrence from happening. 10. As I have found that H Ltd did not owe a duty of care to hazard mark the trailer drawbar, the claim is dismissed. Referee: Ms Cowie DTR Date: 20 September 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 fo...