Search Results

1. Baker TRI-2023-100-006 Procedural Order 4 [pdf, 185 KB]

   ...it. [15] The second respondent’s report contained various contractual exclusions. [16] The scope of the report is set out in the heading “Scope” contained in the report itself. That description notes that the inspection type is as requested by the client. The front page of the report records the inspection type as: “Pre-Purchase Infrared Moisture Inspection” [17] The report does set out its findings of moisture detection work taken in the interior of the proper...

2. Monschau v Bamber - Tahorakuri A No 1 Section 33A2 [2016] Maori Appellate Court MB 286 (2016 APPEAL 286) [pdf, 264 KB]

   ...jurisdiction, the Court had not actually vested such rights in the trustees. [4] The trustees appeal the decision of the lower Court. Grounds of appeal [5] The grounds of appeal are that the Court does have jurisdiction to deal with the appellants’ claims as follows: a) The Bambers leased out the land without the owners’ consent, and an account of rentals was sought; 1 43 Waiariki MB 290-300 (43 WAR 290-300). 2016 Mao...

3. [2017] NZEmpC 12 Stormont v Peddle Thorp Aitken Ltd [pdf, 193 KB]

   ...extend the time to file a reply? 1 Stormont v Peddle Thorp Aitken Ltd [2016] NZERA Auckland 28. Analysis [5] Section 237 of the Act provides that regulations may be made prescribing forms for the purposes of the Act and prescribing the procedure in relation to the conduct of matters before the Court. 2 Regulation 6 of the Regulations requires that the Court must dispose of any matter coming before it “as nearly as ma...

4. Edwards – Whakatōhea (2018) 183 Waiariki MB 169-194 (183 WAR 169) [pdf, 534 KB]

   ...Legislative provisions [29] Section 30 of the Act as originally enacted provided: 30 Power of Maori Land Court to give advice or make determination as to representatives of class or group of Maori- (1) The Maori Land Court may- (a) At the request of any court, commission, or tribunal, supply advice, in relation to any proceedings before that court, commission, or tribunal, as to the persons who, for the purposes of those proceedings, are the most appropriate representatives...

5. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...2001 he was assigned a group of 10 detainees to work at Mt Albert Primary School (the school). The department had arrangements with a number of organisations to provide labour for detainees. The school was one of the department’s sponsors and requested groups of detainees to perform work from time to time. When the group arrived at the school in a van they were met by Mrs “M”, whose name I shall not give as she was not called as a witness. The plaintiff believed that Mrs M...

6. LCRO 179/2017 VB, CB & ON v QT (14 June 2018) [pdf, 181 KB]

   ...considered by the Courts, ultimately the Supreme Court, which on [Date] dismissed her application for leave to appeal. [6] On [Date], the Body Corporate filed a memorandum with the Tribunal to update the Body Corporate’s claim against the owners and requested an evaluation conference. The amended claim filed included further levies that had fallen due and had not been paid. [7] Two months later, on [Date], [HGF] informed the firm that the owners had paid $[Amount], which rep...

7. WTH Claims over $20k for a house - Chair's directions [pdf, 190 KB]

   Weathertight Homes Tribunal – Chair’s Directions (Standard Dwellinghouse claims) August 2015 page 1 of 9 CHAIR’S DIRECTIONS (for Standard Dwellinghouse claims) 1. Introduction 1.1 These directions are effective from 21 September 2015 and are issued pursuant to s114 of the Weathertight Homes Resolution Services Act 2006 (the Act). They set out the procedures which are to apply to applications for adjudication by the Weathertight Homes Tribunal for single dwellinghouse claims w...

8. QN Ltd v SL [2020] NZDT 1337 (5 March 2020) [pdf, 205 KB]

   ...contractual obligation to repay Q any legal fees? b. If not, has Mr L obtained a payment of legal fees for which it would be unjust to retain? Did Mr L have a contractual obligation to repay Q any legal fees? 3. Parties to a contract need to perform their respective obligations. If they do not they will be in breach of the contract and required to compensate the innocent party for foreseeable losses caused. 4. Q has explained that it was an implied term of the contract with Mr L...

9. IN v SU [2021] NZDT 1652 (12 July 2021) [pdf, 161 KB]

   ...SU said he would get a warrant of fitness and if the car did not pass, he would either lower the price or repair it and deliver it to IN the following week. The parties agreed IN could either pay in cash or by bank transfer. 14. Based on the information before me I find there was a clear offer and agreed terms. This element of the contract is met. If there was an offer, was there any acceptance? 15. The terms of any acceptance must be clear. 16. Based on the evidence before...

10. Director of Human Rights Proceedings v Netsafe Inc [2022] NZHRRT 15 (Removal of Certain Redactions After Appeal Period) [pdf, 511 KB]

    ...INTRODUCTION [1] The Director of Human Rights Proceedings (Director) alleges interferences with the privacy interests of three aggrieved persons, [redacted] (Ms A), [redacted] (Ms B) and [redacted] (Ms C). [2] In April 2017 these women each requested their personal information from Netsafe Incorporated (Netsafe). Netsafe refused their requests, but in January 2018 released some information to each of them. Netsafe has conceded that there was no basis to have withheld the informati