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1. 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

2. 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...

3. 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...

4. KO v Q Ltd [2025] NZDT 205 (26 May 2025) [pdf, 196 KB]

   ...of values – usually this is the price to be paid), and an intention to create a legal relationship. There must be sufficient certainty of terms. 10. I advised the parties during the hearing that I am been unable to find there was any contract formed between them. This is for the following reasons: a. I am not satisfied that there was any offer. Q Ltd is of the view that it offered parking to KO, however a sign that says NO PARKING, PRIVATE PROPERTY, CUSTOMER PARKING ONLY STRICTLY...

5. [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...

6. Waitangi Tribunal Report on the Aotearoa Institute claim concerning Te Wānanga o Aotearoa [pdf, 748 KB]

   ...The wānanga was founded by a group of �isionary members of Ngāti Maniapoto, led by  Rongo Wetere, in an effort to impro�e the skills of their people . From small beginnings in  Te Awamutu in 1983, it was granted formal status as a TEI in 1993 . After lodging a Waitangi  Tribunal claim for  resources  from the Crown  in  1997  2  and reaching a deed of  settleme...

7. 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...

8. Smith v ACC [2014] NZACA 3 [pdf, 82 KB]

   ...extensive experience and the fact that he holds an Honours degree in Law and will be admitted to the bar this year. I accept that this more than adequately justifies Mr Forster’s charge out rate, but unfortunately, in the absence of any objective information at all concerning the attendances and disbursements that make up the costs claimed on review and the inescapable impression that costs may not have been charged as yet for these three reviews and may indeed not be charged at all,...

9. ABR v ZYN and ZYM [2013] NZDT 35 (20 May 2013) [pdf, 91 KB]

   ...Ltd SECOND RESPONDENT Date of Order: 20 May 2013 Referee: Referee Edison ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZYN Ltd shall pay ABR Ltd the sum of $5,442.56 by 4pm on 3 June 2013. The claim against ZYM Ltd is dismissed. Facts [1] LG owns and runs a dairy in [a place] with his wife. The business is operated through their company, ABR Ltd. On Wednesday 12 December 2012, the business premises were forcibly broken in...

10. King & Bailey [2011] NZWHT Auckland 2 [pdf, 92 KB]

    ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The assessor’s report dated 27 October 2010. The eligibility check list from the Department of Building and Housing The claimants’ submissions to the Chief Executive dated 18 August 2010 The letter from Laura Tait o...