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1. BORA Ngāti Tamaoho Claims Settlement Bill [pdf, 248 KB]

   ...was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Whether s 27(3) at issue 8. Clause 25(3) of the Bill excludes damages or other forms of monetary compensation as a remedy for a failure of the Crown to comply with a Crown minerals or taonga tūturu protocol. If the Crown fails to comply with a protocol without good cause, the Ngāti Tamaoho trustees may enforce the protoc...

2. Ngati Maru (Taranaki) Claims Settlement Bill [pdf, 918 KB]

   ...articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.' Exclusion of remedy of compensation 9. Clause 26(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. 10. This clause might be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Act, namely the right to bring c...

3. Trustees of the Horina Nepia and Te Hiwi Piahana Whanau Trust v Ngati Tukorehe Tribal Committee & Tahamata Incorporation (2014) 314 Aotea MB 159 (314 AOT 159) [pdf, 231 KB]

   ...barred? [81] Respondents’ case [81] 314 Aotea MB 161 Applicants’ case [85] Discussion [87] Decision [91] 314 Aotea MB 162 Introduction [1] On 30 August 1978 Paul or Paora Te Hiwi signed a form transferring 3,781.28 shares he held in Tahamatā Incorporation to the “trustees Tukorehe Pā, Ohau”. The Incorporation records disclose that the shares were in fact transferred to the trustees of Ohau Pā Reserve. It is said...

4. L v EQC [2021] CEIT-2019-0036 [pdf, 411 KB]

   ...However, for reasons discussed below in paragraph [99], I need not consider that here. [31] Clause 3 goes no further than granting the discretion to not pay a “claim”. I note that “claim” is not defined by the Act. It may be argued that each request for payment is a “claim”, for the purposes of cl 3. However, this reading goes against the use of the word “claim” in a general insurance context, where a single claim, encapsulates all damage from each damage causing eve...

5. Memorandum for Costs Application -Jumpjet dated 1 February 2019 [pdf, 66 KB]

   ...Airlines Limited and he frequently gives business-consulting advice to the Companies. It would be impractical and counter productive to Invoice his services on all occasions. The benefit of his business advice has been put before the Court in the form of advice in relation to Insurance Liabilities in the event of an aircraft accident at Wellington Airport. Particularly in relation to sub-standard runway construction. However, in this application a typo caused the bracket dates of...

6. Austin v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 59 [pdf, 257 KB]

   ...had DISH. She was unable to say, however, when these changes first occurred because there were no x-rays taken before 2011. 6 [14] Dr Holtzhausen then went on to discuss the pathogenesis and aetiology of DISH. She described it as a bone-forming disease, and explained that vitamin A and its derivatives have the ability to promote new bone formation. She said: The main skeletal abnormality described in synthetic retinoid treated patients is identical to DISH. Yoder was the firs...

7. T Ltd v Q Ltd [2022] NZDT 93 (2 September 2022) [pdf, 197 KB]

   ...compressor, charger and battery kit (the kit) online through Q Ltd for $1079.00. 2. Q Ltd responded to the online order that the product was not available instore and would therefore have to be ordered from the supplier. 3. On 22 July Q Ltd informed T Ltd that the kit was no longer available and refunded T Ltd his payment. 4. T Ltd is claiming $2,000.00 for the cost of purchasing the kit as to acquire the kit the individual components of the kit now have to be purchased separa...

8. SK v T Ltd [2023] NZDT 196 (12 May 2023) [pdf, 169 KB]

   ...Ltd has demonstrated they had the authority of the lessee of the land to tow vehicles from its site, his claim for a refund and associated costs does not succeed. Referee Perfect Date: 12 May 2023 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...

9. EU v UX [2023] NZDT 313 (23 June 2023) [pdf, 188 KB]

   ...a total of $14,950.00 to have the work completed by another supplier, whereas the unpaid balance of the contract price was only $8,387.00. The amount required to put the consumer into the position he would have been in if the contract had been performed is therefore $6,563.00. This exceeds the amount claimed, and no more than the $4,990.00 notified to the supplier can be awarded without adjourning to give further notice. For these reasons, I find that the supplier must pay $4,990.00 to the...

10. D Ltd v R Ltd [2024] NZDT 228 (8 March 2024) [pdf, 189 KB]

    ...no evidence. NY for R Ltd said they had requested [authorities]’s representative to attend the second hearing as a witness, but [authorities] declined to appear. Nevertheless, given the issues raised by R Ltd there would have been other written forms of evidence, such as independent testing, to support its claims, yet nothing was presented by R Ltd. D Ltd say that their work was done properly and the neighbour was causing problems for the site. 5. In the absence of any evidence...