Search Results

1. MT & SC v UC [2025] NZDT 224 (18 June 2025) [pdf, 155 KB]

   ...settlement but fail to give vacant possession? c. Are SC and MT entitled to all or any of the $18,244.00 claimed? Is there a breach of warranty under the Agreement regarding the carpets and electrical wiring? 5. Under contract law, a contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. Once a contract is made, parties are expected to perform the promises they make to each other unless there is a valid legal reaso...

2. CW & NK v TX [2023] NZDT 411 (5 July 2023) [pdf, 218 KB]

   ...to be resolved are: a. Is TX in breach of the agreement for sale and purchase? b. Are NK and CW entitled to $2,070.00 as claimed, or to any other sum? Is TX in breach of the Agreement? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at

3. Chalecki v ACC [2015] NZACA 1 [pdf, 132 KB]

   ...injury, he had a small hobby farm running pigs. He was unable to work effectively as a builder after the accident, so he received earnings-related compensation from the respondent Corporation. Accordingly, he built up the farm as the appropriate form of rehabilitation in order to become independent of the Corporation. [3] A self-employment grant from the Corporation was sought. While this was eventually declined, Mr Chalecki put considerable money into the farm, even buying a bigge...

4. LCRO 125/2023 TR v HJ (28 November 2023) [pdf, 265 KB]

   ...available if the Review Officer considers that the review can be adequately determined in the absence of the parties. This is commonly referred to as a hearing “on the papers”. [40] After undertaking a preliminary appraisal of the file, I formed the provisional view that the review could properly be conducted on the papers. The parties were given the opportunity to comment on that proposal. The applicant requested that there be a hearing with both parties present. The respon...

5. Wai 3300, 2.6.019 Memorandum directions of Chief Judge Dr C L Fox commencing wānanga ā-rohe phase [pdf, 520 KB]

   ...confirmed). This may include Hastings, Gisborne, Whakatāne, Rotorua, and Taupō. (d) Western region (venue to be confirmed). This may include Tūrangi, Taumaranui, New Plymouth and Whanganui. Pre-wānanga preparatory processes Participating claims 12. A preliminary list of claims for this inquiry is attached to this memorandum-directions as Appendix B. 13. A list of consolidated claims which have requested to participate in the Wai 3300 kaupapa inquiry is attached as Appendix C...

6. 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...

7. [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...

8. 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...

9. ET v TM [2023] NZDT 453 (21 August 2023) [pdf, 178 KB]

   ...event is in the same situation of not being able to prove his version of what happened. Both parties must therefore bear the cost of their own repairs. Referee: E Paton-Simpson Date: 21 August 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...

10. DC & IC v J Ltd [2024] NZDT 391 (10 June 2024) [pdf, 130 KB]

    ...fence has an effect on both parties. Furthermore, not that I accept their argument, but if I did, J Ltd’s argument is weakened in that the screws used to fix the posts to the boundary fence would have to breach the “middle line” to provide some form of strength for the posts to hold the corrugated iron. That in itself would require notice and consent from IC and DC, which was not done. If it is a change to the existing boundary fence, then what is the remedy? 7. Having found tha...