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1. TX v OI [2021] NZDT 1351 (19 April 2021) [pdf, 211 KB]

   ...the contract, or by someone else on behalf of a party to the contract. 10. Therefore, TX must show that it is more likely than not that an untrue statement induced her to make the purchase. 11. The Toyota Prado was listed under the Facebook profile of KZ, OI’s husband. The advert stated, “It has been well serviced and goes very well…the interior and exterior I consider as being rough…price reflects this…So this is a bargain if you want a reliable modern looking landcruiser...

2. [2022] NZEnvC 093 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 249 KB]

   ...Society’s appeal upheld. The issue of costs was reserved. 1 Waimea Plains Landscape Preservation Society Incorporated v Gore District Council & Southland Regional Council [2022] NZEnvC 29. 3 Application for costs [3] The Society filed an application for costs with the court on 1 April 2022. It seeks an award of costs against the Council in the sum of $31,368.79. This represents 70% of its total costs incurred in pursuit of its appeal. [4] The grounds on which it s...

3. Example Occupation Order. [docx, 43 KB]

   ...Zealand [Rohe] District IN THE MATTER of [Block name] being all the land contained in [LINZ identifier], [Registry] AT a sitting of the Court held at [Venue] on [day] [month] 20[XX] before [full name of judge], Judge WHEREAS application has been filed by [applicant] seeking an occupation order for an area of [area of occupation] square metres more or less on the land known as [block name] NOW THEREFORE the Court upon reading and hearing all evidence adduced in support thereof and being s...

4. Lt and QT v OT Ltd [2021] NZDT 1430 (16 March 2021) [pdf, 213 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 days if you have been granted an...

5. HB Ltd v NH & KX [2017] NZDT 1452 (11 April 2017) [pdf, 194 KB]

   ...Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. A Notice of Appeal may be obtained from the Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 28 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 28 days if you have been granted...

6. 2021-06-14 Trustpower - MOC - Submissions in response to Amicus Curiae memorandum [pdf, 718 KB]

   ...to replace deemed permits. Practical context 3. As outlined during the presentation of Trustpower’s case, Trustpower has lodged with Otago Regional Council applications for consents to replace seven deemed permits. Those applications were filed as early as February 2020 and in each case prior to 1 April 2021. These applications may not be finally determined before 1 October 2021. 4. Accordingly, the suggestion by Dr Somerville that s124(3) of the RMA is not applicable to e...

7. Ritai - Parihaka Papakainga Trust (2021) 437 Aotea MB 64 (437 AOT 64) [pdf, 296 KB]

   ...of replacement trustees for Toroanui Marae, namely Pauline Tairawhiti-Kukutai and Colleen Tuuta to replace Desmond Rangitaawa. This was in accordance with a meeting of beneficiaries held at the marae on 4 October 2020. In addition, Kara Tuuta filed an email on 23 October 2020 withdrawing an earlier request to resign as a responsible trustee. [2] Potāua Rangitaawa objected to the process but also raised concerns about how the trustees were administering the land and a Provincial...

8. LC v DH Ltd & QH Ltd [2021] NZDT 1667 (11 October 2021) [pdf, 115 KB]

   ...evidence which LC gave in a straightforward and plausible manner. b. LC also provided a written letter from an independent window professional, EI trading as [Window Company]. EI states that all of the opening sashes have been made using 30mm profile aluminium, and that this is the wrong size for the window openings, and it should have been made using 27mm profile aluminium. 12. I have had regard to DH’s view that it had been assured by its subcontractor, QH, that the 30mm prof...

9. QS v DD Ltd [2022] NZDT 27 (20 April 2022) [pdf, 128 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

10. ET and JT v F Ltd [2021] NZDT 1639 (13 July 2021) [pdf, 197 KB]

    ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...