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1. NT v SQ [2023] NZDT 498 (31 October 2023) [pdf, 176 KB]

   ...35 provides for damages where a party to a contract has been induced to enter into it by a misrepresentation, whether innocent or fraudulent, made to that party by or on behalf of another party to the contract. In law, a misrepresentation is a false statement of past or present fact. 9. The buyer said that the seller appeared to have some mechanical knowledge, as he offered to fix the issues initially identified himself. I therefore find that the seller’s statement that the car had no...

2. [2010] NZEmpC 45 Miller v Fonterra Co-op Group Ltd [pdf, 38 KB]

   ...preliminary issue, namely the identity of the employer. He pointed out that establishing the true identity of the plaintiff’s employer would be an important precursor to the determination of Fonterra’s counter-claim. [10] As to the limitation defence, Fonterra contends that the event which gave rise to charges under the Customs and Excise Act 1996 of falsifying customs documents related to events that had occurred in May 2001. The plaintiff’s proceedings against Fonterra i...

3. Gardiner v Gorringe (2011) 28 Waikato Maniapoto MB 237 (28 WMN 237) [pdf, 141 KB]

   ...proceedings; the importance of the issues; the conduct of the parties; and whether the proceedings were informal or akin to civil litigation; c) If a party has acted unreasonably – for instance by pursuing a wholly unmeritorious and hopeless claim or defence – a more liberal award may well be made in the discretion of the Judge, but there is no invariable practice; d) Where the unsuccessful party has not acted unreasonably. It should not be penalised by having to bear the...

4. Combined jurisdiction legal aid form submissions and decisions [pdf, 984 KB]

   ...appealing? Offence type Section and Act Max. penalty Criminal Record Number If you have other charges, include them on another page. 27 If you are facing a maximum penalty of less than 6 months in prison or are applying for parole, tick the applicable statements. I have previous convictions. The proceedings involve a substantial question of law. There is a likelihood I will go to prison if convicted. There are complex factual, legal, or evidential matters. I do not understand the charg...

5. [2024] NZEmpC 48 Ugone v Star Moving Ltd [pdf, 228 KB]

   ...drawing to their attention the seriousness of this proceeding. They instructed counsel and Ms Oh filed an address for service and an appearance on their behalf. No issue arises today about the delay in the defendants’ response or the absence of statements of defence. In any event, the positions of the parties is apparent from submissions filed in advance of today’s hearing. [11] The statement of claim sought orders that: (a) Star Moving be fined up to $40,000; (b) Mr Bigg...

6. [2019] NZEmpC 178 Johnston v The Fletcher Construction Co Ltd [pdf, 340 KB]

   GRANT JOHNSTON v THE FLETCHER CONSTRUCTION COMPANY LIMITED [2019] NZEmpC 178 [4 December 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 178 EMPC 381/2017 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN GRANT JOHNSTON Plaintiff AND THE FLETCHER CONSTRUCTION COMPANY LIMITED Defendant Hearing: 29-31 October 201

7. 16-May-2020-Regional-Plan-Water-for-Otago-with-PC-7-8-proposed-amendments.pdf [pdf, 16 MB]

   ...Introduction The principal statute under which the natural and physical resources of Otago are managed is the Resource Management Act 1991 (the Act), and it is under this Act that this Plan has been developed. The Act also provides for specific policy statements (i.e. regional policy statements) which have an impact on the management of water and water bodies. Some activities are also subject to the specific requirements of other statutes. Many of New Zealand’s statutes reflect in...

8. Affirmation of Mr Nicholas Head dated 9 December 2016 [pdf, 32 MB]

   ...declarations filed by the Environmental Defence Society. My evidence for PC13 addresses matters that are directly relevant to the questions raised by the declaration application. 3. This affidavit sets out: a. My qualifications and experience. b. A statement regarding the Code of Conduct. c. References to the most relevant parts of my PC13 statement of evidence. 4. My PCB statement of evidence is annexed marked A. Qualifications and Experience 5. I am currently employed by the...

9. Liu & Anor v Auckland Council & Ors [2013] NZWHT Auckland 25 [pdf, 257 KB]

   ...conclude that Mr Marevich was not responsible for the quality of the cladding installation and, as he did not assume such responsibility, he did not owe a duty of care to the claimants. [36] Although Mr Marevich knew that the PBS producer statements were issued in his name, he did not sign the statement issued in respect of this dwelling. I therefore conclude that Mr Marevich has no personal responsibility for negligent misstatement. For these reasons the claim against Mr M...

10. Auckland Standards Committee v Hong [2014] NZLCDT 16 [pdf, 70 KB]

    ...in case the tribunal were not to find the conduct - which has been admitted by the Practitioner - to be sufficiently serious to constitute misconduct. [6] While admitting the actual conduct, that is the failing to comply with the orders, the defence advanced by the Practitioner relates firstly to delivery of or service on him of the determination and orders, and secondly relates to his disagreement with the Standards Committee determination and consequent orders. [7] Firstly Mr...