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1. Te Manutukutuku Issue 24-25 [pdf, 5.4 MB]

   ...ensured its pan-Maori character. Since it is clear, in our view, that the MDC has not met those goals and, indeed, has turned away from them, we consider that the Crown would be in breach of the Treaty oblig­ ations which it sort to honour on the formation of the company if it were to sell its shares before taking all possible steps to ensure that the company resumes its original Treaty based objectives. In light of our view that the MDC is a Treaty settlement mechanism, we also consi...

2. [2011] NZEmpC 169 Kim v Thermosash Commercial Ltd [pdf, 126 KB]

   ...that Thermosash is obliged to pay him a week’s wages and claims $50,000 compensation for negligence and unethical behaviour which caused emotional harm and permanent physical injuries, and that his employer failed to respond appropriately to a request for extra assistance in October 2007. [5] The defendant has filed an application to strike out the statement of claim in its entirety. The application is advanced on two principal grounds. Firstly, that the statement of claim di...

3. [2022] NZACC 34 – Smith v ACC (10 March 2022) [pdf, 269 KB]

   ...COMPENSATION CORPORATION Respondent Hearing: 25 February 2022 Held at: Dunedin/Ōtepoti Appearances: The appellant represented himself C Light for the respondent Judgment: 10 March 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for mental injury - s 26(1)(c), Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 18 December 2017. The Reviewer dismissed an application for review of the Corporation...

4. Memorandum of Costs and Disbursements [docx, 36 KB]

   ...solicitor) or are. How to use the template All the required fields are set out in the template on the following two pages. The sections that you have to fill out are marked with red text. The red text explains what you need to put in. These are fillable form fields, so click on the red text and start typing. The red text will be replaced by the content that you type. If you want to leave the field blank, just enter a space. The blue text is explanatory notes. Delete these notes before prin...

5. SE v TD and KF [2021] NZDT 1531 (24 February 2021) [pdf, 210 KB]

   ...granted jurisdiction to hear and determine such claims. Such a claim is therefore outside of the jurisdiction of the Disputes Tribunal. (In addition, the wrongfully placed structure has already been removed.) 14. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at wha...

6. MOJ83 Application for third party claim [pdf, 387 KB]

   ...judgment creditor may have affected the third party’s property rights. Warrant to seize property Allows a bailiff or constable to seize and sell property belonging to the judgment debtor to pay a judgment debt. Application for third party claim When should I use this form? This form lets you make a claim to say that you own or have an interest in property that has been seized or sold by a bailiff to pay a judgment debt. Use this form if all the following apply: • a bailiff ha...

7. Bridson v Griffin [pdf, 29 KB]

   ...settlement with the claimant and that, because the other respondents have now reached a settlement with the claimant, they have no cross-claim against him and pursuant to s34 of the Act I therefore ORDER that he be struck out as a respondent. 2. Request to Record Settlement in Form of Determination 2.1 The terms of that settlement agreement between the claimant and the first and second respondents were discussed and presented to me and I was asked by all parties to record the...

8. Cook v Legacy Church [2023] NZHRRT 31 [pdf, 185 KB]

   ...[This decision is to be cited as Cook v Legacy Church [2023] NZHRRT 31]. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 31 I TE TARAIPIUNARA MANA TANGATA 2 [2] On 27 September 2019 Ms Cook’s lawyers sent a Privacy Act 1993 (PA, 1993)2 request to Legacy Housing’s General Manager for Ms Cook’s personal information relating to her tenancy (the IPP6 request). No response was received. [3] Following Legacy Housing’s lack of response to that IPP6 request, Ms Cook’s lawy...

9. Turner v University of Otago (Costs) [2021] NZHRRT 48 [pdf, 250 KB]

   ...Turner and her then counsel formed the misconceived view the University had concealed information. Dr Turner and her counsel thereafter pursued a relentless campaign to uncover evidence of the suspected concealment. To that end repetitive IPP 6 requests were made, followed by a complaint to the Privacy Commissioner and then proceedings before the Tribunal under PA 1993. [11] The Tribunal having found that the University fully complied with its obligations under the Privacy Act and tha...

10. SC v OX [2023] NZDT 548 (21 September 2023) [pdf, 108 KB]

    ...in that arrangement retrospectively, after SC had given notice and after a dispute had arisen about how bills were to be shared. I therefore find that SC is not liable to pay the $810 rental claimed for six weeks half-share of the empty room that forms part of OX’s counter-claim calculations. What bill payments is SC liable to pay? 9. I find OX’s other bill payment amounts claimed under the counter-claim to be reasonable and supported by evidence, with the exception of the late...