Search Results

1. Ngāti Kahungunu ki Wairarapa Tāmaki nui-ā-Rua Claims Settlement Bill [pdf, 962 KB]

   ...consistent with 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.4 Whether s 27(3) at issue 9. Clause 24(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 may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring ci...

2. Tully v Yerman [2012] NZIACDT 19 (9 May 2012) [pdf, 102 KB]

   ...Ms Yerman replied by email to Ms Tully, and indicated she needed the appeal form to be signed and some other matters, and would proceed with preparing the appeal that weekend. [10.10] 15 April 2010 A person in Ms Yerman’s office sent an email requesting some documentation from Ms Tully so the appeal could be prepared. [10.11] 20 April 2010 Ms Tully delivered the material requested in the 15 April 2010 email, including signing the appeal form, and paid the fee to lodge the appeal

3. BD Ltd v YW [2013] NZDT 654 (28 November 2013) [pdf, 114 KB]

   ...LIMITED APPLICANT AND YW RESPONDENT Date of Order: 28 November 2013 Referee: Referee Reuvecamp ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed Facts [1] The applicant claims $5,202.37 in respect of goods to the value of $3,917.17 supplied to ABC Limited (“ABC”, company number #####) during 2011 and interest and enforcement costs. The company is now in liquidation. The applicant claims that the respon...

4. BORA Rongowhakaata Claims Settlement Bill [pdf, 279 KB]

   Rongowhakaata Claims Settlement Bill 15 February 2012 ATTORNEY-GENERAL Rongowhakaata Claims Settlement Bill (PCO 14005 version 3.9): Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/166 1. I have considered the current draft of this Bill for consistency with the New Zealand Bill of Rights Act 1990 (“the Bill of Rights Act”). I conclude that the Bill appears to be consistent with the Bill of Rights Act. This advice addresses issues which arise in...

5. Costs & disbursements

   ...but there has not yet been a judgment on the final application. You should carefully record the costs and disbursements you incur in bringing or defending a proceeding, as you may have to show evidence of them if your proceeding is successful and they form part of an application for costs. Costs In most cases, when a judge orders the unsuccessful party to pay costs, the Judge will allocate a scale for the costs to be calculated. The cost scales are listed in: Schedule 4 of the District Court...

   Located in:

   1. Courts >
   2. Going to court >
   3. Going to court without a lawyer >
   4. Representing yourself in a civil case in the District Court

6. [2010] NZEmpC 128 McKendry v Jansen & Prouting [pdf, 82 KB]

   ...Remedies (1) Where the Authority or the Court determines that an employee has a personal grievance, it may, in settling the grievance, provide for any 1 or more of the following remedies: (a) reinstatement of the employee in the employee's former position or the placement of the employee in a position no less advantageous to the employee: (b) the reimbursement to the employee of a sum equal to the whole or any part of the wages or other money lost by the employee as a result o...

7. Erwood v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 92 [pdf, 283 KB]

   ...was vit (vital) by cotton bud application and Mr Erwood had refused consent for percussing the tooth or diagnostic PA – other aids to determine the status of the nerve of the tooth. Apologised to Mr Erwood and wrote the explanatory note he requested for him. [5] Dr Jackson’s handwritten letter to Mr Erwood stated: Miracold is a propane/butane/hexane mix. Ordinarily it should be sprayed onto a cotton palette and touched on the tooth. It is dangerous to spray directly into...

8. International Covenant on Civil and Political Rights - summary record 5th report (continued) [pdf, 96 KB]

   ...inconsistently with the Treaty, and made recommendations to the Government. The Crown had accepted an obligation to take steps to redress the historical wrongs visited upon the Maori in breach of the Treaty of Waitangi. Redress could take a number of forms, ranging from financial settlement to an apology. Since February 2009, the Government had entered into 11 agreements-in-principle and signed 5 Deeds of Settlement. The Tribunal had received an increase in funding in 2007, bringing it...

9. TN v JH and GG [2020] 1321 NZDT (14 September 2020) [pdf, 212 KB]

   ...a perfect family car, or first car, as a perfect family car would be economic to warrant. This is therefore misleading. Also, all the other statements are only half true. Where statements are made that of themselves are true, but there is key information missing that the sellers know that relates to the information given, there is a duty to disclose the missing piece. The missing piece was that the sellers had owned the car for not much more than a week, the ad they bought it from expl...

10. WH v SS Ltd [2019] NZDT 1459 (26 March 2019) [pdf, 218 KB]

    ...to relieve the innkeeper from all responsibility. 14. I have not been satisfied that this defence applies. WH’s room was able to be accessed by hotel housekeeping staff during her stay. I was told that a cleaning service would have been performed on two occasions during WH’s stay and then a final clean and service after WH departed the hotel. 15. WH did not inform hotel staff not to enter the room. She did not assume exclusive use of the room so as to show an intention to r...