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1. Ashby v Ngati Awa Land Trust Board- Waimana Parish 790 (2002) 268 Rotorua MB 275 (268 ROT 275) [pdf, 361 KB]

   ...number of levels and not at all what the Trust Order intended. I accept however, that what has happened, has happened more by oversight then by intention to breach the Trust Order. Prudence I must then examine the balance of the borrowing and form a judgement as to its prudence or otherwise. Certainly the figures are not small. I note that the land and stock of the Trust were immune from creditors of the Runanga, but now that· Minute Book: 268 ROT 280 borrowing has been organ...

2. [2014] NZEmpC 201 Dunn v Waitemata DHB [pdf, 128 KB]

   ...its mode of delivery or its timing. The letter was a focus of complaint by the plaintiff at hearing. I return to it later. [10] The plaintiff responded to the WDHB’s earlier letter of 5 May on 26 June 2008. The medical report that had been requested was not provided. A request was made for the WDHB’s Return to Work and Rehabilitation policy. This was provided by the WDHB by way of correspondence the same day. [11] The WDHB had sought a report from a specialist occupational...

3. Te Manutukutuku issue 72 [pdf, 2.9 MB]

   ...Waitangi Tribunal Unit News 5 Ngātiwai Mandate Inquiry Report 6 Whakatōhea Mandate Inquiry Report 7 Motiti Urgent Inquiry 8 Remedies Inquiries 9 District Inquiries 10 Kaupapa Inquiries 11 Freshwater and Geothermal Resources 12 Unregistered Treaty Claims 12 The Waitangi Tribunal Level 7, Fujitsu Tower 141 The Terrace Wellington New Zealand DX SX11237 Tel : 64 4 914 3000 Fax : 64 4 914 3001 www.waitangitribunal.govt.nz Te Manutukutuku is produced and published by the Waitangi Tribu...

4. Te Manutukutuku Issue 72 [pdf, 3.3 MB]

   ...Waitangi Tribunal Unit News 5 Ngātiwai Mandate Inquiry Report 6 Whakatōhea Mandate Inquiry Report 7 Motiti Urgent Inquiry 8 Remedies Inquiries 9 District Inquiries 10 Kaupapa Inquiries 11 Freshwater and Geothermal Resources 12 Unregistered Treaty Claims 12 The Waitangi Tribunal Level 7, Fujitsu Tower 141 The Terrace Wellington New Zealand DX SX11237 Tel : 64 4 914 3000 Fax : 64 4 914 3001 www.waitangitribunal.govt.nz Te Manutukutuku is produced and published by the Waitangi Tribu...

5. [2015] NZEmpC 138 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley [pdf, 415 KB]

   ...Ms Pidduck. This had two consequences. [3] The first was that when I asked Ms Pidduck whether there were indeed documents that would incriminate the defendants if disclosed, counsel could not respond without conferring with the defendants’ former solicitor. Until then, the Authority, the plaintiff’s counsel Mr Churchman, and the Court had assumed that there were such documents although this had not ever been confirmed by the defendants. On the hearing day, however, Ms Piddu...

6. [2007] NZEmpC AC 36/07 Bank of New Zealand v Trotter & Anor [pdf, 36 KB]

   ...Exhibit BV-M, which is a copy of a letter from Bergseng & Co Lawyers, dated 6 March 2007. That letter was written to the solicitors for the bank following a letter being sent to the liquidator for Alliance Strategic Property Investment Ltd requesting the documents, which are now sought in the filed application. In response Mr John Bergseng wrote advising that the liquidator was in receipt of the correspondence. There was no indication that the documents would be provided, but...

7. [2015] NZEmpC 143 JAE Sales Ltd t/a Aussie Butcher Birkenhead v Prins [pdf, 94 KB]

   ...against the sum awarded in annual holiday pay. The other awards are not in dispute but have not been paid by JAE to Mr Prins. The pleaded basis for the challenge was that the only proof Mr Prins offered at the Authority’s investigation was in the form of scraps of paper with handwritten dates on them. This is somewhat ironic having regard to the nature of JAE’s time and wages records produced at the hearing of the challenge and the fact that they did not even trouble themselv...

8. Kingsnorth v Crawford – Motuaruhe 5D Block (2018) 185 Waiariki MB 106 (185 WAR 106) [pdf, 377 KB]

   ...necessary where an application to issue interrogatories is opposed: r 8.5 High Court Rules. A material consideration is whether briefs of evidence will be given by the party to be interrogated. Moreover, an interrogatory is not to be confused with a request for further particulars. Discussion [19] The applicant objects to answering interrogatories 1(b), (e) and (f) on the basis that they do not relate to a matter in question between the parties. In response, Ms Wara submitted tha...

9. BG Ltd v EE & DE [2020] NZDT 1557 (26 August 2020) [pdf, 218 KB]

   ...initial disclosure for each loan correctly, it failed to comply with some of the requirements for subsequent disclosures. 12. Every six months from the start of each loan, BG issued a Continuing Disclosure Statement. While most of the required information was included in these statements, BG did not disclose CI0301_CIV_DCDT_Order Page 3 of 5 the annual interest rate or rates during the statement period, expressed as a percentage or percentages (CCCFA s 19(1)(h)). 13. More signifi...

10. SX v TO [2022] NZDT 43 (21 March 2022) [pdf, 207 KB]

    ...warranties or trading protection (for example, the Consumer Guarantees Act 1993 or the Fair Trading Act 1986). 4. The law relevant to this claim is the general law of contract and the Contract and Commercial Law 2017. A contract is a binding agreement formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. The general position is that the buyer must be...