Search Results

1. 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...

2. WQ Ltd v ND Ltd [2020] NZDT 1323 (10 November 2020) [pdf, 152 KB]

   ...all or part of the Works, and certainly does not include all of the parts and materials for which invoices have been rendered… [paragraph 25 e. of Mr Beech’s determination] 7. I agree with Mr Beech’s comments in relation to the information he had at the time. However, after his determination and for the purposes of the Dispute Tribunal claim, ND provided a written witness statement from Mr Emmitt dated 28 June 2020. At paragraph 5 of that statement Mr Emmitt says he had b...

3. 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...

4. EMPC Form 1 - Example statement of claim regarding ERA determination [pdf, 408 KB]

   r 7(l) Form 1 [EXAMPLE ONLY] Under the Employment Relations Act 2000 In the Employment Court No: / Wellington Registry Election to have matter heard in the Employment Court Between Jane Smith. of 21 Example Street Central City Wellington Plaintiff And Joe Bloggs of 22 Example Street Central City Wellington First Defendant And The Joe Bloggs Company Limited of 23 Example Street Central Ci...

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. [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...

7. 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...

8. 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...

9. T Ltd v B Ltd [2023] NZDT 322 (1 September 2023) [pdf, 241 KB]

   ...SB says that B Ltd is contractually bound to pay as NJ’s statements led to a contract forming between the parties. She highlights that NJ contacted her and asked her to complete the reports for the homeowner creditors. 15. B Ltd says that the request was on the basis that SB was representing the homeowners, and so the request for information was to enable them to establish their claims, rather than as a service to B Ltd. UI says that as this is the liquidation, at a minimum there wo...

10. 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...