Search Results

1. Walters v Miller - Oruanui 10 (Māori Reservation) (2017) 167 Waiariki MB 176 (167 WAR 176) [pdf, 252 KB]

   ...on 6 March 2017 to replace the Māori reservation trustees. Mr Walters understands that there were other meetings convened to “strategise the ultimate demise of Joe Stanley” and minutes of those meetings were not attached to the application filed by Sunny Wikiriwhi. In addition Mr Walters believes that the minutes of 30 October 2016 filed with the application are not accurate. [9] Mr Walters further submits that the Land trust wish to have Joe Stanley appointed as a Māori res...

2. Hay - Estate of Douglas Allan Huirama Te Kohera Hay (2018) 50 Te Waipounamu MB 144 (50 TWP 144) [pdf, 217 KB]

   ...Trust, with the deceased named as tipuna, and the proposed trustees being the four children of the deceased’s second union, together with the applicant and her niece Liana Hay, the oldest child of Allan Hay. [7] No minutes of a whānau hui were filed, but it was noted at the hearing that the whānau sought to constitute a whānau trust and that the proposed trustees consented to their appointments. It was also noted that the children of Allan Hay would need to make formal succes...

3. Tuhi v Tuhi - Toa Toa Tuhi Estate (2020) 83 Takitimu MB 51 (83 TKT 51) [pdf, 150 KB]

   ...an adjournment of 12 months to properly prepare the estate accounts and related documentation.3 During the hearing it emerged that Brownrigg Agriculture Limited, represented by Mr Bloor, were using Pekapeka 2C and 2C1. Subsequently, Mr Bloor filed statements confirming what had been paid by Brownrigg Agriculture Limited to Mr Tuhi as executor. Mr Tuhi confirmed that, for reasons unknown, he had not circulated the details of the income received from the company to the estate benef...

4. OH Ltd v NI Ltd [2020] NZDT 1320 (30 September 2020) [pdf, 194 KB]

   ...election that is not a necessary cost associated with the dispute. The matter could have been submitted without incurring this cost to the Disputes Tribunal for resolution. Neither party is able to recover their cost of the proceedings, including the filing fee incurred by OH (s43 Disputes Tribunal Act 1988). Conclusion 19. It is accepted that the contract between the parties included the standard terms and conditions presented by OH. However, OH was not able to establish that it...

5. [2019] NZEmpC 104 Kazemi v Rightway Ltd [pdf, 264 KB]

   ...was wrong, if not when first received then certainly when the defendants’ solicitors wrote to Mr Drake to raise the issue. Because the matter was unable to be dealt with by way of a joint approach to the Court, the defendants were required to file an interlocutory application. [21] For that reason, I allow a further deduction of $1,338, being the scale costs for filing an interlocutory application on a Category 2B basis. The reissued Certificate of Judgment simply followed the...

6. EN v SQ [2020] NZDT 1442 (27 May 2020) [pdf, 210 KB]

   ...and SQ agreed to do the work. SQ asked for about $6,000.00 in advance to cover the cost of parts. The parties remained in communication but as at the time of filing the claim on or about 24 January 2020 the work had still not been completed. EN filed a claim for $6,000.00 in damages and an order for SQ to return the vehicle. 2. The claim by EN was made on the basis that the repairs had taken too long, and he had suffered loss as a result. He requested the return of the vehicle...

7. HM v BTO Ltd [2020] NZDT 1385 (4 May 2020) [pdf, 248 KB]

   ...balance of probabilities (based on the evidence before the Tribunal) which means what is more likely than not. Who is the correct respondent? CI0301_CIV_DCDT_Order Page 2 of 4 4. HM joined BTO in this claim. The owner of BTO is KN. BTO also filed a counter claim (under the same court case number). However, at the hearing HM clarified that the claim was against UUL for the cost of the hot tub, BTO’s invoice and the plane fare for HM to get to [Redacted location]. 5. Accor...

8. QD & XD v QN [2021] NZDT 1683 (10 December 2021) [pdf, 181 KB]

   ...was not refundable but, if the puppy was sold to someone else that week or later, she would consider a full or part repayment. [4] After this, a large number of messages were exchanged between the parties. These, as copies of the messages on the file show, constituted a prolonged and unresolved argument. The QD and XD reconsidered their decision not to proceed with the purchase if the deposit was not to be returned, but QN questioned their motives in doing so, and indicated that they mi...

9. [2023] NZEnvC 054 Pascoe v Minister for Land Information [pdf, 193 KB]

   ...issues are justiciable by the Environment Court. It is the Crown’s view that the Environment Court does not have jurisdiction and therefore the Crown opposes the application for directions. [5] Counsel for the objectors (Mr A Webb) and the Crown filed detailed submissions which I have considered.3 I will not essay the submissions but instead 1 PWA, s 23(3). 2 Objectors, memorandum ‘application for directions and an application for an adjournment’ dated 28 February 2023....

10. [2023] NZEnvC 117 Royal Forest and Bird Protection Society of New Zealand Inc v Stevenson Mining Limited [pdf, 261 KB]

    ...of an area situated on Te Kuha escarpment. Costs were reserved. [2] On 4 May 2023, the Director-General of Conservation (‘DGC’) applied for an order awarding costs against Stevenson Mining Limited (‘Stevenson’). On 5 May 2023, DGC filed an updated costs application. [3] On 10 May 2023, Royal Forest and Bird Protection Society of New Zealand Incorporated (‘RFB’) applied for an order awarding costs against Stevenson. [4] On 24 May 2023, Stevenson filed submissions i...