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1. Waitangi Tribunal - issue 59 of Te Manutukutuku [pdf, 669 KB]

   T E R Ö P Ü WH A K A M A N A I T E T I R I T I O WA I TA N G I. TE MANUTUKUTUKU Editorial The choice of a new process for hearing claims Dr Grant Phillipson Chief Historian Te reo Mäori at Tribunal hearings Tribunal inquiries in progress Ngä känohi höu – new Tribunal members and officers Northern South Island Inquiry concludes hearings Haratua 2004 552 May 2004 After the introduction of the Crown’s foreshore and seabed policy in August 2003, claimant groups from all ar...

2. KQ v Accident Compensation Corporation (Independence Allowance) [2025] NZACC 050 [pdf, 159 KB]

   ...Corporation confirmed the appellant had agreed to a one-off Independence Allowance payment of $10,959.00, and that this would be paid shortly. [11] On 6 October 2023, Dr Ramsey filed a further medical certificate seeking a reassessment. The form, however, suggested that the Corporation might have declined the claim and that this was a request for a first assessment on the claim. Dr Ramsey did not complete the section of the application form regarding a reassessment, and so did n...

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

   ...of $3,087.15 for maintenance costs incurred after May 2020, plus the cost of removing the doors ($3,796.15). NI paid for the maintenance costs, which left only the removal costs in dispute. 4. The issues to be resolved are: (a) Which documents formed part of the contract between OH and NI? (b) In what circumstances was OH entitled under that contract to claim removal costs? (c) Are removal costs recoverable? Which documents formed part of the contract between OH and NI? 5. Th...

4. FO v SQ [2025] NZDT 19 (17 January 2025) [pdf, 128 KB]

   ...have to consider are: a. Was there a contract between the parties? b. If so, has it been breached by SQ? c. If so, what remedy is appropriate? Was there a contract between the parties? 6. The relevant law is contract law. A contract is formed when there is an agreement between the parties, or where there is a meeting of the minds between them. What was agreed is looked at objectively, which means by looking at what was said and done. 7. I find a contract was formed when...

5. Kwak v Park [2015] NZWHT Auckland 3 [pdf, 208 KB]

   ...skill are exercised in the building of houses and that the ambit of the developer’s duty, which is well defined in case law, is related to construction and not to inspection and certification which are regulatory functions. [27] The Kwaks’ former counsel in submissions on removal placed some emphasis on the contractual relationship between Mr Park and the private certifier and suggested that this provided a hook for the developer’s liability. I noted however, that it is n...

6. LCRO 220/2016 UT v LE (18 December 2018) [pdf, 290 KB]

   ...of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) the Committee made the following findings: (a) Mrs LE’s intention was that ownership of the property by a trust would “ensure it was not subject to claims by her or her son’s past, current or future partners”. (b) Mrs LE “must have made Mr UT aware that her chief concern was to…protect [the property] from a prospective claim by Mr GJ”. (c) Mr UT ought to have: taken detai...

7. TX v SM [2021] NZDT 1574 (5 August 2021) [pdf, 167 KB]

   ...he says they were when they were sold as they had been vet-checked. No evidence has been presented from that time that would contradict the statements made by SM in relation to the condition of T and the mother at the time the contract to buy T was formed. 9. Some statements that TX contends were false, were made after T developed problems at 6 months old, well after his purchase, such as SM's statement that they were the first to have a puppy with problems - while this seems to...

8. YM v F Ltd [2024] NZDT 64 (20 February 2024) [pdf, 223 KB]

   ...provided hourly rates and gave an estimate of costs for the work of between $6000-$10,000.00. YM paid a deposit of $3000.00 as per the agreement. 3. YM’s solicitor sent around 130 files to F Ltd (NP says they totalled about 2000 pages of financial information) and work proceeded. F Ltd invoiced on a monthly basis so sent the first invoice, for $4976.68 (after discount), to YM on 21 February 2022. YM was shocked by the cost, so terminated the work on 25 February. On 22 February she...

9. Nisha v Devi [2011] NZIACDT 23 (7 July 2011) [pdf, 90 KB]

   ...application was in progress. [6.8] In May 2010, the Teachers Council closed the application due to lack of documentation. It appears the Adviser knew of that development and failed to inform the Complainant. Furthermore, the Teachers Council had requested the information from the Adviser twice and no steps had been taken by the Adviser. The Adviser did request further documents in June 2010 and they were supplied by the Complainant. 3 [6.9] On 8 August 2010, the Complainant...

10. NC v D Ltd [2024] NZDT 683 (30 August 2024) [pdf, 211 KB]

    ...18(6) states - the Tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. 6. To “have regard to the law” under s 18(6) includes considering legal principles that the referee is aware of in a fair and unbiased manner and applying the law in an impartial manner, save when strict observa...