Search Results

1. XP v L Ltd [2025] NZDT 152 (9 May 2025) [pdf, 183 KB]

   ...find on the evidence provided that the seeds supplied did not match the description provided and therefore were not the seeds that XP purchased. I make this finding for the following reasons: a. L Ltd accept that their supplier ([the supplier]) informed them, after XP raised her concerns, that there were two different selections of [chilli seeds]. A thin cayenne, short 12cm and spicy and a thick cayenne, 20cm long wide shouldered and spicy. b. Though it was unclear in the correspondenc...

2. Wright v Ngamoki-Cameron - Heretatua (manu on the Tītī Island of Taukihepa) [2015] Chief Judge's MB 108 (2015 CJ 108) [pdf, 475 KB]

   ...to the request for an extension on the basis that the Ngamoki whānau are part of the Te Au whānau, who were notified of the previous s 45 application and are aware of the nature of the dispute surrounding Heretatua. An urgent hearing date was requested. [23] On 22 November 2012, the Court gave the parties until 28 February 2013 to file responses. 14 Further responses were received from Richard Wixon on behalf of Ngā Uri o Te Au objecting to Mrs Wright’s application, and Mr...

3. BORA Iwi and Hapii of Te Rohe o Te Wairoa Claims Settlement Bill [pdf, 15 MB]

   ...with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable toss 20 and 27(2) of the Bill of Rights Act.3 Exclusion of remedy of compensation 10. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 11. This clause may be seen to raise the issue of consistency with s 27 (3) of the Bill of Rights Act, namely the right to bring c...

4. Chapman v Western Bay of Plenty District Council [pdf, 364 KB]

   ................................................. 19 Improper piecing-in of fibre-cement sheet backing ............................................. 19 Poor corner jointing of cement board cladding ................................................... 19 Poorly formed junctions of the cladding at the base of the cladding ................... 19 Fibre cement sheets fixed hard back against masonry foundation lacking required clearances ............................................................

5. NL v XS [2024] NZDT 320 (29 April 2024) [pdf, 82 KB]

   ...the complaint, the case is at an end in the Disputes Tribunal. The Disputes Tribunal does not have jurisdiction to continue hearing the claim. Referee: B M Smallbone Date: Monday 29 April 2024 Page 2 of 2 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

6. Form-203-Filing-a-new-address-FINAL-9-December-2024.pdf [pdf, 284 KB]

   MOJ203/04/23 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 5 When should I use this form? Use this form if all the following apply: • you are the judgment creditor and you have filed an enforcement application where a summons or warrant has been issued to a bailiff to attempt service • the summons or warrant has not been able to be actioned and you have been asked to supply a new address • you can provide an alternative add...

7. Te Manutukutuku Issue 27 [pdf, 2.8 MB]

   ...(Wai 413) 19 Jan and 14 Feb 1994 Te Whanganui a Orotu (Wai 55/201) 31 January 1994 Taranaki (Wai 143) 21 February 1994 Whanganui River (Wai 167) 14-18 March 1994 Muriwhenua Land (Wai 45) 21-25 March 1994 Information on these hearings can be requested from the tribunal's office New Research Staff Appointed Paul Hamer (left) of Wellington graduated from Victoria Univer­ sity with an MA History (distinction) in 1992. He worked as a policy analyst for the Treaty of Waitangi Po...

8. [2025] NZEmpC 118 Airways Corporation of NZ Ltd v Small [pdf, 202 KB]

   ...actions that occurred prior to 3 September 2022, particularly given that: (i) Mr Small is not claiming a course of conduct/continuum of conduct on the part of Airways; (ii) Mr Small has not pleaded the pre-3 September 2022 actions as evidence forming part of the context in which an action on or after 3 September 2022 is to be considered – rather, he has claimed that these earlier (pre-3 September 2022) actions themselves comprise actionable personal grievances; and (iii) Mr...

9. XT & TT v BE & LE [2024] NZDT 866 [pdf, 294 KB]

   ...balance of probabilities, being the onus of proof in civil matters such as this, that the facts are more likely to have occurred as they contend. Did the parties reach an agreement on the amount BE would pay? 8. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. 9. While XT and TT contend BE agreed to pay the value of the cows and one year’s lost pr...

10. Zhong v Auckland Council [2011] NZWHT Auckland 32 [pdf, 264 KB]

    ...Crowe‟s evidence is based on invasive testing and none of the other experts concur with Dr Walls. Liability for the apron flashing defects [30] The panel of experts was asked to give their opinion on whether the apron flashings were formed correctly, the stage of construction when kick- outs should have been formed and the trade responsible. All experts agreed that the apron flashings were required to be installed with sufficient length to enable a diverter to be craft...