Search Results

1. AEB v ZVT Ltd [2011] NZDT 295 (30 May 2011) [pdf, 59 KB]

   ...defective goods for their market value (Laws of New Zealand Sale of Goods (online ed) at [285]). Decision [9] There was no breach of any condition as to sale by description because, in both deliveries, ZVT Ltd supplied Warrego bricks, as requested by AEB (s 15, SGA). [10] The bricks were fit for their purpose of being used in the construction of a house and therefore complied with any condition as to fitness for purpose (s 16(a), SGA). [11] The goods were of merchantab...

2. [2016] NZEmpC 93 Radius Residential Care Ltd v NZ Nurses Organisation [pdf, 72 KB]

   ...to be heard on Wednesday 10 August 2016, the plaintiff is seeking damages and penalties against the defendants on the basis of alleged unlawful strike action. [2] In an interlocutory judgment of Chief Judge Colgan dated 6 July 2016, issues of requests for disclosure of documents against the defendants were dealt with and resolved. 1 [3] The effect of the interlocutory judgment was that inter-parties document disclosure was not prohibited where penalties are included in the remedi...

3. Gengalo - Tuapou B8 (2004) 85 Ōpōtiki MB 110 (85 OPO 110 [pdf, 207 KB]

   ...any moves to establish ownership through the Maori Land Court; and (g) It is likely that the concrete foundation and septic tank cannot be removed without some damage to the land. In such a case there is a presumption that it was intended to form part of the land. I have found that the concrete foundation and septic tank are fixtures. Therefore there can be no compensation payable to the applicant. Minute Book: 85 OPO 113 This result may seem harsh but the reality is that anyo...

4. Aitken v Laudermilk [pdf, 78 KB]

   ...best trade practices would be used to complete the work. 8 [24] Given the level of detailing normally provided, Mr Todd stated that it was accepted practice that a builder knew how to construct a flat valley, and if not, they would have requested more information. [25] Mr Todd also says that a designer cannot be expected to be responsible for changes made without consultation after the plans have been prepared. [26] Mr Jones says he had no other involvement in the...

5. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

   ...Court. If ASB calls evidence about such post-termination events from persons who are not senior managers, it is not unreasonable for Mr Nel to have access to other documents which will permit him to do the same. [50] I am satisfied that the request for disclosure meets the test of relevance, as defined, since it relates to the disputed issue of reinstatement. [51] I do not regard the prospect of searching for such documents as being unduly oppressive. Evidence has been placed b...

6. [2021] NZACC 68 - Robinson v ACC (27 April 2021) [pdf, 223 KB]

   ...[6] On 28 December 2017, the Corporation asked Mr Robinson if he had a preferred physiotherapy provider for the supervised resistance and strength programme. [7] On 17 January 2018, in the absence of a reply, the Corporation repeated its request. Mr Robinson then requested that the programme be completed through his osteopath, Adrian Turner. On 18 January 2018, the Corporation advised that this was not possible as Mr Turner was not approved by the Corporation to provide the...

7. Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Cook's Cove, Tolaga Bay (2017) 71 Tairāwhiti MB 267 (71 TRW 267) [pdf, 276 KB]

   ...Mason (then 7 or 8 yrs old), of Gisborne, in 1992 while on a school trip to Cook’s Cove. Mr Mason deposited the matau with the museum in 2011 following which Ann Milton Tee of Te Tairawhiti Museum filed a “Notification of Finding of Artefact Form” with MCH. [6] Direct notice and a public notice calling for any claims to ownership was sent out or advertised, and two claims of ownership were received. The first, by T Marsh on behalf of Te Aitanga-a-Hauiti and Hauiti Marae (Tolag...

8. ADD v ZWX [2013] NZDT 190 (15 May 2013) [pdf, 63 KB]

   ...along [road A]. ZWX was turning right from [road B] into [road A]. It was dark at the time of the collision. [2] The intersection is governed by a give way sign on [road B]. Leading into the intersection with [road B], [road A] briefly forms two lanes: one for vehicles turning right into [road B] and another for vehicles travelling straight ahead. Although the turning lane on [road A] is marked, it is not governed by a give way or stop sign. [3] WD and HU Insurance Ltd...

9. Horowhenua: The Muaūpoko Priority Report [pdf, 8.4 MB]

   ...380 (1) Native townships legislation, 1895–1910 380 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz xiii Contents (2) The Crown responds to settler requests for a township 384 (3) Muaūpoko opposition emerges as the township plan is finalised 388 (4) A lack of Muaūpoko involvement in establishing the town 391...

10. Ratima - Whirinaki 3 (formerly known as Whirinaki No 1 Section 2F2C) (2015) 126 Waiariki MB 73 (126 WAR 73) [pdf, 202 KB]

    ...requesting a judicial conference to address matters raised between him the Trust. Those matters relate to land that was formerly the site of Rangatahi College in Murupara. The college was closed on 27 January 2013. [6] The judicial conference, requested by Mr Emery, was held on 5 September 2014. Mr Emery complained that the trust has failed to provide him with information relating to the return of the former school site. During the judicial conference I indicated that a forma...