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1. C Ltd v TI [2023] NZDT 202 (27 April 2023) [pdf, 118 KB]

   ...have thought Large Peony (or any large check fabric) was wanted by TI. She was consistent in her wish for a small check fabric, the same as her existing fabric. 12. After review of all of the email evidence, I am of the view that the contract was formed and TI’s order was placed via the email communications and that it was not unreasonable given that she had communicated her wish that a small check fabric be ordered, that she simply paid the invoice when it arrived, after she had pla...

2. Osborne - Tatawai Claim No 3 (2005) 110 South Island MB 136 (110 SI 136) [pdf, 1.4 MB]

   ...4 March 2005 A20040005105 Tatawai Claim No 3 - Confirm Final List of Beneficiaries and Summon Meeting of Owners 18(1 )(a)/93, 173/93 Robert Alexander Osborne RESERVED DECISION The present case arises under section 345 of The Ngai Tahu Claims Settlement Act 1998. Under that section, the Maori Land Court has jurisdiction for the purposes of attachment 14.2 of the deed of settlement to confirm the list of beneficiaries of ancillary claims, and hear and determine objections to the...

3. Form-210-Application-for-eviction-warrant-FINAL-9-December-2024.pdf [pdf, 387 KB]

   MOJ210/10/23 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 12 When should I use this form? Use this form if the following applies: • you have a Tenancy Tribunal order saying that possession of residential premises is to be returned to you by a specified date but the respondent has not yet done this, or • you have a Tenancy Tribunal order or Mediator’s order saying that possession of a residential premises is to be returned t...

4. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   ...2 OVERVIEW [1] Mr Butcher is a Christian of orthodox beliefs. He lives in a rural location in the Wairarapa where public transport options are limited. Although he drives, he does not have a current licence because he believes the prescribed form of the current photo driver licence, which requires a digitised photograph, a digitised signature, and a bar code, to be the “mark of the beast”. [2] Mr Butcher claimed that the requirement for him to hold a licence in a form which i...

5. CB v UH Ltd [2022] NZDT 150 (26 August 2022) [pdf, 183 KB]

   ...a hazard only once it was cracked due to the encroaching trees, as it had been well maintained over the years with reasonably regular painting to ensure no exposure of the substrate to UV light, which causes the deterioration that enables particle formation and consequently the risk of asbestosis to anyone who inhales. 8. Nevertheless, CB cannot recover the full replacement cost of the shed because there is an element of betterment. His original shed was built in 2002, though CB’s evide...

6. EM & TM v FW [2024] NZDT 575 (10 July 2024) [pdf, 196 KB]

   ...RESPONDENT FW The Tribunal orders: FW is to pay EM and TM the sum of $21,449.22 on or before 31 July 2024. Reasons: 1. EM and TM purchased a house from FW. The parties agreed that a large spa pool present at the property was to form part of the purchase. 2. When EM and TM moved into the house they filled the spa pool up with water and then turned on the spa in an attempt to heat the water. After around an hour the lights in the house flickered, and then the electric...

7. Mahanga v Sade - Horahora 1A1 (2017) 148 Taitokerau MB 237 (148 TTK 237) [pdf, 140 KB]

   ...Dickson Transport subsequently filed proceedings in this Court seeking a charging order for costs it claimed were outstanding concerning the formation of this road. 2 During the course of those proceedings, the Horahora Roading Committee was formed by some of the owners of the Horahora blocks (including Ms Sade), to try and resolve the issue. An agreement was entered into with Dickson Transport for payment of the debt and the application was dismissed by consent. [16] Mr Mahanga...

8. KS v T Ltd [2023] NZDT 28 (11 January 2023) [pdf, 225 KB]

   ...of hours and his staff dried out the wet carpet. KS said he was assured the water damage would be rectified and he was phoned a few weeks later – repairs still had not been carried out and he says at that point there was further damage in the form of dents to external panels, and he noticed that the rear window rubber had been cut in order to remove the rear window. 3. The certification work was subsequently completed by H Ltd and a $250.00 discount was applied to the bill for the...

9. Waitangi Tribunal - issue 52 of Te Manutukutuku [pdf, 348 KB]

   ...“process had replaced protest”. The Waiheke settle- ment was another return of land follow- ing the Waiheke Report in 1987. Mäori Agencies Established The 1980s saw the establishment of two core Mäori agencies. The Mäori Language Commission was formed after the release of the Te Reo Report of 1986. This report provided impetus for a number of initia- tives to strengthen the Mäori language including passage of the Mäori Language Act 1987 that established Mäori as an offi-...

10. RC v LUD Group Ltd [2021] NZDT 1380 (20 April 2021) [pdf, 215 KB]

    ...Contract and Commercial Law Act 2017 – Frustrated Contracts a) Were there any clauses in the contract that were intended to have effect in the circumstances (worldwide Covid pandemic). b) What expenses were incurred by LUD for the purpose of performing the contract? Fair Trading Act 1986 c) Did LUD mislead or deceive RC? d) If so, what loss did this cause to RC? CI0301_CIV_DCDT_Order Page 2 of 5 Were there any clauses in the contract that were intended to have effect i...