Search Results

1. DN v MH & WH [2024] NZDT 664 (8 September 2024) [pdf, 193 KB]

   ...says there is not an adequate fence must either: a. come to an agreement with the adjoining occupier about the fence; or Page 2 of 4 b. follow a process under section 10 of the FA by giving a s10 notice and providing sufficient information to the other occupier about both the proposed fence, and the process for serving a cross-notice if the other occupier does not agree with the fence. 6. I find no agreement has been made between the parties to erect the fence....

2. TN v Q Ltd [2024] NZDT 388 (28 May 2024) [pdf, 98 KB]

   ...price or fixed as to the specified hourly rate charged for however long the job took? 4. When two parties reach agreement about an exchange for value, for example, the provision of services in exchange for money, a legally binding contract is formed. The terms of the contract are those about which there is evidence of agreement from the parties’ actions and words, written or unwritten. 5. There were two quote documents referred to in the hearing. The first was not accepted b...

3. C Ltd v T Ltd [2024] NZDT 453 (11 June 2024) [pdf, 183 KB]

   ...business. Is C Ltd entitled to claim compensation of $30,000.00? 7. For a wronged party to be entitled to damages for misrepresentation under s35(1)(a) of the CCL, they must prove that the representation was made to them prior to the contract being formed; the representation induced them to enter into the contract; the representation turned out to be incorrect; and loss was suffered as a result. 8. Sales were so poor that the business had to cease trading. As company director, Mr...

4. BN v T Ltd [2024] NZDT 682 (26 August 2024) [pdf, 260 KB]

   ...22 December 2023 BN incorporated a company, [Company B]. 7. The text messages recommenced on 20 January 2024, as follows (BN is AM and Mr L is RM): 20 January BN to Mr L: Re [Company A] Lease Finalisation for February 2024. Please call for formalise. Thanks. 22 January BN to Mr L: BN, I am on leave at present. I will be in [Town] on Wednesday for a meeting with the directors, I will confirm their acceptance then. 24 January BN to Mr L: Any progress re [Company A] lease ple...

5. Q Ltd v F Ltd [2023] NZDT 659 (30 November 2023) [pdf, 126 KB]

   ...therefore dismissed. 36. For these reasons, I award damages of $16,339.20 to the Applicant, which the Respondent is to pay by the date set out in the order. Referee: A Chand Date: 30 November 2023 Page 5 of 5 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 fo...

6. DD v SQ Ltd [2022] NZDT 72 (31 January 2022) [pdf, 129 KB]

   ...have included SQ’s goodwill offer to DD. SQ left this offer open at the hearing. 16. These are the merits and justice of the case. Referee: B M Smallbone Date: Monday, 31 January 2022 Page 4 of 4 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 re...

7. [2024] NZEmpC 98 Crichton v Dig Tip Earthworks Ltd Anor [pdf, 257 KB]

   ...13 At [22]. 14 Employment Relations Act 2000, s 148(1). 15 Section 148(3). (b) who holds a general authority, given by the chief executive, to sign, for the purposes of this section, agreed terms of settlement,— may, at the request of the parties to the problem, and under that general authority, sign the agreed terms of settlement. (2) Any person who receives a request under subsection (1) must, before signing the agreed terms of settlement,— (a) explain t...

8. Rangahaua Whanui National Overview volume 1 [pdf, 881 KB]

   ...case-by-case basis, although particular cases are examined by way of illustration. Examples of national themes are ‘Crown pre-emp- tion purchases’ and ‘the Native Land Acts 1865 to 1899’. The full list of national themes selected for consideration forms the table of contents of part 1 of this report. The potential list is theoretically much larger, but the themes chosen reflect an early decision of the mentor group to focus on the alienation of land and natural resources and an assessme...

9. LCRO 216/2018 AA v BB (28 November 2019) [pdf, 165 KB]

   ...[70] I am satisfied that Ms BB’s insistence on ensuring that the claim be accurately quantified, was a significant factor in preventing her from attending to finalising the proceedings earlier than she had anticipated. [71] After receiving the requested information from Mr AA, competing work commitments prevented Ms BB from attending to finalising drafting of the claim. It was regrettable that Ms BB was unable to commence the drafting immediately, but I do not consider that the d...

10. Application for attachment order [pdf, 820 KB]

    MOJ 204 July 24 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt 0800 233 222 PAGE 1 OF 9 When should I use this form? This form lets you apply to recover a judgment debt directly from the judgment debtor’s income. Use this form if all the following apply: • you are either the judgment creditor or the judgment debtor • the money owed in a judgment or court order has not been paid • you want a simple, cheap enforcement solution • you can provide th...