Search Results

1. [2023] NZEnvC 100 Director-General of Conservation v Waka Kotahi NZ Transport Agency [pdf, 336 KB]

   ...the Project, in practice Poutama played the leading role in respect of that appeal, including through advocacy at the hearing. In the First Interim Decision, the Court recorded that the appeal (and the joint appeal approach) was:14 based upon a claim that there is whakapapa linking Mrs Pascoe to Poutama, something Mrs Pascoe herself was not aware of when this process began. Waka Kotahi submitted that the Court, in the First Interim Decision, emphasised key factors arising from the...

2. [2014] NZEmpC 103 Hill v Teck Properties Ltd costs [pdf, 68 KB]

   ...requested further information in relation to this and an indication was given that it could be provided after some horse sales, which were taking place three weeks hence. Ms Shattock appears to have emailed the defendant’s accountants the same day requesting the financial information that had been sought. [9] No further contact was made by the defendant, although two additional emails were sent by Mr Hill’s counsel on 18 and 28 November requesting the financial information and...

3. TD v DJ Ltd [2022] NZDT 167 (13 October 2022) [pdf, 163 KB]

   ...in his claim he would need to show that DJ Ltd did not use reasonable care and skill when it provided its carparking service. He would need to show that it failed to do something that a reasonable provider of an airport car park would do. 10. Form the evidence provided, I find that TD has not shown that DJ Ltd failed to use reasonable care by failing to do something that it ought to have done in this situation to stop the theft of TD’s vehicle. Although TD considered that DJ Ltd...

4. Power & Anor as Trustees of the AR Power Family Trust [pdf, 85 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 letter from Michelle Paddison to the Department of Building and Housing dated 21 July 2010. The information sent by the Western Bay of Plenty District Council to David Payne. The assessor’s report dated 11...

5. Te Manutukutuku Issue 5 [pdf, 2.8 MB]

   ...sea fisheries; and (3) the host of smaller claims that were introduced during the initial two years of Ngai Tahu hearings. Chief Judge Durie has given several addresses this year. We list here a selection of his speeches which are available on request from this office: National Conference of Major Religious Superiors of New Zealand. Wellington, March 1990 Hoi Manawhenua. Rotorua, April 1990 Commonwealth Law Conference. "Treaties and the Common Law as Sources of Indigenous Rig...

6. KB & Ors v TC & RV [2023] NZDT 634 (25 September 2023) [pdf, 99 KB]

   ...circumstances, which related RVB’s employment. 12. The Applicants demanded to know the details of the change to the Respondents’ personal circumstances, which the Respondents claim is personal and they are not willing to disclose sensitive private information. 13. The case law proffered by the Applicants involves a purchaser that attempted to avoid a Sale and Purchase Agreement on a financing condition but for reasons other than financing. The court found that the Respondent h...

7. DX v E Ltd & DH [2024] NZDT 774 (17 September 2024) [pdf, 91 KB]

   ...paid for the joinery, and before he picked it up, his builder told him the joinery needed to meet the NZ standard 0.46 for thermally broken joinery to get building consent. He checked and found out the joinery did not meet this standard, therefore, he formed an opinion that CB gave him false information about the joinery, which induced him to enter into the contract. 4. CB gave evidence that DX told him he was looking for double glazed joinery and that is what he showed him. DX did not...

8. [2007] NZEmpC AC 59/07 Paki v Panel Holdings Ltd [pdf, 18 KB]

   ...Authority’s determination caused s181 of the Employment Relations Act 2000 to be engaged and, in particular, that Ms Paki may not have participated in the Authority’s investigation in a manner that was designed to resolve the issues involved. I requested the Authority to provide the Court with a report under s181(1). I agreed that the company should not have to plead to the statement of claim until Ms Paki’s solicitor on the record confirms to the Registrar that he had instr...

9. NZ Private Prosecution Service Ltd v Key (Service of Statement of Claim) [2015] NZHRRT 22 [pdf, 41 KB]

   ...direction that Ms Bailey be served with the proceedings is not a suggestion she should exercise her right to apply under s 108. It is simply a recognition that in fairness she should be in a position to make an informed 3 decision. While it is requested that Ms Bailey notify the Tribunal whether she intends availing herself of s 108, she does have the option of reserving her position until more is known. In the latter case she can file an address for service which will have the p...

10. EN v B Ltd [2023] NZDT 501 (3 October 2023) [pdf, 228 KB]

    ...$1500.00 for his losses? 12. Having found EN breached a term of his agreement, he is not entitled to claim his losses and accordingly the claim is dismissed. Referee: Nigel Wolland Date: 3 October 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 for a...