Search Results

1. WN v BC & BQ Ltd [2023] NZDT 675 (20 November 2023) [pdf, 227 KB]

   ...change to the shower, BC points out that that occurred before the job had even started and that the change was agreed to by WN. I accept that because the original quotation refers to the shower being tiled. The method and the cost of tiling therefore formed part of an amended scope of contract, but I am not persuaded that BC adequately made known to WN the further implications of this change in terms of needing an amendment to the Council consent, and also that the tiling and waterproofi...

2. MQ v CS [2024] NZDT 566 (29 July 2024) [pdf, 214 KB]

   ...care and skill”1. 7. This obligation extends to all parts of the job – not just the “hands on tools” work, but quoting, and communicating with the customer. 8. If a person gives a quote or estimate for a job, the price that they give forms part of the terms of the contract. 9. A quote is a fixed price. An estimate is an approximation. The extent to which a person can be held to an estimate depends on the circumstances. Sometimes an estimate is close to a quote – it is...

3. BORA Ngāti Haua Claims Settlement Bill [pdf, 284 KB]

   ...consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights which are comparable to sections 20 and 27 (2) of the Bill of Rights Act.[2] Exclusion of Remedy of Compensation - clause 25(3) 8. Clause 25(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with the taonga tuturu protocol issued under Part 2 of the Bill. 9. We have considered whether these clauses limit the right to bring civil proceedings a...

4. Waitangi Tribunal Vol 1 Kāhui Maunga Report [pdf, 7.2 MB]

   t e K ā h u i M a u n g a Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz t e K ā h u i M a u n g a The National Park District Inquiry Report Volume 1 Waitangi Tribunal Report 2013 Wai 1130 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz National Library of New Zealand Catalo

5. [2024] NZACC 141 NF v ACC (Impairment Assessment, Independence Allowance) (21 August 2024) [pdf, 357 KB]

   ...perpetrator). The perpetrator was a friend of his mothers. Sexual assault/violation occurred twice. He was approximately 10 years of age at the time. 2. While he was in State care, he stated he was raped by a male perpetrator (his cousin) in the form of unconsenting penile-anal penetration on multiple occasions. This occurred when he was approximately 11-12 years of age; 3. He stated he was sexually assaulted by a female social worker once. Sexual assault was in the form of se...

6. Webster v Takarangi - Ngarara West B3B (2007) 195 Aotea MB 127 (195 AOT 127) [pdf, 3 MB]

   ...Counsel: Judgment: Introduction A20070012511 UNDER Te Ture Whenua Maori Act 1993, section 19(1)(d) IN THE MATTER OF Ngarara West B3B AND 13,15 November 2007 JOHN MAXWELL WEBSTER Applicant GRAHAM HARPER TAKARANGI as agent for the former owners of N garara West B3B Respondent Mr L Watson for the applicant Mr G H Takarangi, agent for the former owners 19 November 2007 RESERVED JUDGMENT OF JUDGE L R HARVEY [I] John Webster seeks an injunction restraining the court a...

7. MM v NF Ltd [2022] NZDT 60 (31 May 2022) [pdf, 107 KB]

   ...a. I prefer the NF Ltd’s position that it is an inside facility with no outside capacity and so was prohibited from having more than 100 people; b. I do not accept that the contract was frustrated by an unexpected event which rendered the performance of the contract impossible or only possible in a very different way from what the parties contemplated, because the contract specifically anticipated and prescribed what would happen in the event of a Government Lockdown – namely that t...

8. SB Ltd v D Ltd [2021] NZDT 1686 (8 December 2021) [pdf, 113 KB]

   ...Ltd in smaller amounts on receipt of a purchase order until a new blanket order was required. In the past D Ltd’s account manager had contacted SB Ltd to let them know when a new blanket order was required. 3. In November 2019 a blanket order form had been signed by SB Ltd for around 5 pallets, which, based on usual usage, was expected to last until around December 2020 – in fact it lasted until March 2021 when the last of the jars was supplied to SB Ltd. At that time, D Ltd did n...

9. [2018] NZEmpC 121 Solid Roofing Ltd v Newman [pdf, 223 KB]

   ...Newman v Solid Roofing Ltd [2018] NZERA Auckland 214. determination dated 15 August 2018, the plaintiff was ordered to pay costs to the defendant in the sum of $5,000.2 [2] In addition to commencing the challenge by filing a statement of claim, the plaintiff has also filed an application for stay of proceedings. In effect, this is an application for an order staying enforcement of the monetary awards, although the application does not include the subsequent determination...

10. GA v R Ltd [2024] NZDT 103 (21 February 2024) [pdf, 179 KB]

    ...contact at [bank] but was advised that the bank did not want to speak directly to HY. HY offered to take photographs of the moisture meter readings for an additional fee of $200 plus GST. 4. GA decided to engage another inspector to provide the information his bank required. 5. GA now claims a refund $736.00, being 80% of the price paid on the basis that R Ltd’s report was not sufficient to satisfy the bank. Issues 6. The issues for the Tribunal to determine are: (a) Wheth...