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1. Pryor v Perenara - Ngāti Rangitihi Marae Trust (2008) 322 Rotorua MB 268 (322 ROT 268) [pdf, 1.4 MB]

   ...on Reuben having said that ifthere was any fault involved it was his. That was a realistic stance taken by both parties. [2] The payments sought related to sums expended, or to be expended, for the audit of accounts and the obtaining of bank statements consequent on the disappearance of the primary records ofthis trust. [3] The basic allegation is that Reuben Perenara failed to keep primary records such as bank statements, cheque book butts and vouchers such as invoices, claim fon...

2. UG v NI & II [2022] NZDT 50 (24 May 2022) [pdf, 145 KB]

   ...absence of a signed receipt, an identical style of receipt slip and/or receipt numbers in close sequence could have led to the inference that the second payment was made, but that is not the evidence available. 10. Further UG has provided bank statement evidence of withdrawals for the two undisputed payments but not for the disputed payment, although even if she had such evidence, the bank statements do not show who the payments were made to. 11. Due to the conflicting verbal eviden...

3. [2025] NZEmpC 24 Cunningham v healthAlliance NZ [pdf, 157 KB]

   ...who is dissatisfied with documents disclosed may, within five days of receiving the disclosure, apply to the Court for a verification order.1 A verification order means an order requiring the opposing party to disclose, in a sworn or affirmed statement, whether any relevant documents exist or existed.2 The Court may make a verification order if it is satisfied of the probable existence of a document or of a class of documents.3 [5] Mr Cunningham submitted that common sense dictate...

4. LCRO 2/2019 RCN and OCN as Trustees v MA, JS, LB and GD (27 May 2020) [pdf, 189 KB]

   ...necessary to advance the Trust’s best interests. [11] The adjudicator appointed pursuant to the provisions of the Construction Contracts Act ordered the Trust to make payment to [Company C]. Mr and Mrs CN are dissatisfied with the conduct of the defence to the [Company C] claim by [Law Firm A] and lodged their complaints against the lawyers with the Lawyers Complaints Service. Mr and Mrs CN’s complaints [12] In their email to the Lawyers Complaints Service dated 15 September 20...

5. [2024] NZEmpC 127 Carrington Jade LP v Grant [pdf, 385 KB]

   ...The plaintiffs also submitted that an application for a strike-out order which they had filed not long before the investigation meeting, and which was ultimately dismissed by the Authority, was not heard properly; it was asserted that the entire statement of problem should have been dismissed. [4] For her part, Ms Grant’s case was that all the Authority’s findings were correct. [5] I begin by outlining the contents of the Authority’s determination in some detail because, as no...

6. [2021] NZEnvC 043 Turner v Thames-Coromandel District Council [pdf, 1.4 MB]

   ...party which has legitimately organised its affairs and made considerable investments. This is a very similar consideration to the second principle listed in S axmere case. [40] In Neil Comtmction Ltd v Auckland Council, rn although the Niinister of Defence was not a non-party, the nature of the consequences of making the declaration sought were such that the practical effect was taken into account and the declaration was suspended for a time to allow the Ivlinister either to appeal...

7. [2023] NZEnvC 239 Nelson-Marlborough Fish & Game Council v Marlborough District Council [pdf, 4.2 MB]

   ...stipulates that the discharge of contaminants into water, or into or onto land in circumstances where it may enter water, is prohibited unless allowed by resource consent or a rule in a regional plan or a regulation. In addition, the National Policy Statement for Freshwater Management 2014 (NPSFM) sets out objectives and policies that direct the steps that must be taken to manage water in a sustainable manner. In particular, there is a requirement to set objectives for water resources a...

8. OIA-119799.pdf [pdf, 4.2 MB]

   ...any environment being attacked by a group of people this will certainly go to the circumstances as the person believes them to be. That may be based on their vulnerability and being outnumbered by those threatening violence against that person. Other defences may be potentially relevant in a retail context 9. There are other defences, relating to defence of property, in the Crimes Act. Section 52 provides a for defence of movable property against a trespasser and section 53 provides for defe...

9. OIA-120238.pdf [pdf, 4.2 MB]

   ...any environment being attacked by a group of people this will certainly go to the circumstances as the person believes them to be. That may be based on their vulnerability and being outnumbered by those threatening violence against that person. Other defences may be potentially relevant in a retail context 9. There are other defences, relating to defence of property, in the Crimes Act. Section 52 provides a for defence of movable property against a trespasser and section 53 provides for defe...

10. WU v QD [2021] NZDT 1613 (27 July 2021) [pdf, 270 KB]

    ...does not make a difference whether QD knew a statement was true or untrue. Here he innocently passed on information that described the walls in a way that was incorrect. That he did not know the full extent of the incorrect information provided is no defence. If there are any proven incorrect statements conveyed did they induce WU to enter the contract? It is agreed that QD suggested to WU that he inspect the caravan? [18] The plaintiff under s 35 will not succeed unless it can be sho...