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1. BORA Te Atiawa Claims Settlement Bill [pdf, 278 KB]

   ...consistent with articles 14 and 27 of the International Covenant of 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 23(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. 9. This clause may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring c...

2. Clarken v Carling [pdf, 138 KB]

   ...turn would have directed him to observe the incorrectly executed building work. [107] Mr Probett gave evidence that the approved Plaster Systems detail for the construction of fully clad parapet and handrail walls required a sloping top to be formed and that that detail had been current for 5 years prior to the construction of the Claimants’ dwelling. Mr Probett stated that water is entering the handrail framing through the textured level top surface of the handrail and an incline...

3. Matsuoka v E Tū Incorporated (Preservation Orders) [2018] NZHRRT 49 [pdf, 824 KB]

   ...APPLICATION BY PLAINTIFF FOR PRESERVATION ORDERS1 Introduction [1] E to Incorporated (E tO) is a union registered under Part 4 of the Employment Relations Act 2000 and Mr Matsuoka is one of its members. [2] As is his entitlement, Mr Matsuoka requested access to his personal information held by E to. The union did not make any response to that request. The Privacy Act 1993 (PA) deems such failure to be a refusal of the request. 1 [This decision is to be cited as: Matsuoka v E Ta Inco...

4. Pue v Tapatu - Okawa A1B (2011) 268 Aotea MB 93 (268 AOT 93) [pdf, 165 KB]

   ...trustee of the Koro Pue Whānau Trust. The trustees are the majority owners of Okawa A1B. They seek an injunction against the Respondents on the basis of an alleged actual trespass by way of encroachment over the land. In particular, the Applicant claims that the Respondents have illegally erected, permitted to be erected and maintained on the land structures and trees including fences, a lean-to, out-houses and a water and septic system. All of which the trustees say prevent them...

5. Hamilton v Trustees of Erepeti Marae - Tuahu 3X (2009) 128 Wairoa MB 77 (128 WR 77) [pdf, 931 KB]

   ...(AB & AW Reed, Wellington, 1972 ed) Genealogical Table xiv 'Smith - Tuahu 3X (2006) 113 Wairoa MB 224 (113 WR 224) 128 Wairoa MS 81 [11] The matter was set down for hearing for the first time on 27 March 2007. However, Mr Hamilton requested for health reasons that the hearing be deferred until June 2007. It was duly adjourned until 21 June. On that date, Mr Hamilton was represented by Mr Barney Tupara. However, the trustees did not have counsel and the nature of the all...

6. Johnston Property Holdings Limited [2014] NZWHT Auckland 5 [pdf, 106 KB]

   ...for reconsideration requires the claimant to provide sufficient details to support the application. In this section Ms Johnston stated that the company would provide evidence to confirm that the property was built after August 2003. Ms Johnston requested an extension of time to provide this evidence. [4] On 5 March 2014 the Tribunal Chair, Ms McConnell, wrote to JPL at the address provided and sent a copy of this letter to Mr Johnston by email to the email address provided. M...

7. Form 16 Waitangi Tribunal Invoice [pdf, 225 KB]

   Legal Aid Services use only Approve Further information Refuse Version 19 – September 2022 page 1 09/22 form 16 Tax Invoice Waitangi Tribunal Proceedings Legal Aid File No. Invoice Reference No. GST Number Invoice Date To: Legal Aid, DX Box Number City Customer WAI Number Inquiry Lead provider Law firm Details of Claim Covers period from to Interim invoice Final invoice Stage of...

8. Form-20a_Civil_non-Fixed.pdf [pdf, 186 KB]

   Version 21 – October 2023 page 1 Use this form to claim for any Civil matter other than Family, Waitangi and fixed fee proceedings. To: Legal Aid, DX Box Number City Customer Lead provider Law firm Details of claim Forum category 1 2 3 4 Type of proceedings this invoice covers: Covers period from: to Interim invoice Final invoice Lead Provider Listed Provider B Provider name or numbe...

9. MI & ZM v B Ltd [2024] NZDT 435 (12 June 2024) [pdf, 195 KB]

   ...reasonable care and skill? • What remedy is available to the applicants? CI0301_CIV_DCDT_Order Page 2 of 4 Did B Ltd manage its credit/refund and booking processes with reasonable care and skill? 6. As the contract was formed in [Country], and because the Montreal Convention does not cover this aspect of an airline’s dealings with its customers, the Consumer Guarantees Act 1993 (‘CGA’) applies. 7. ZM also referenced the Fair Trading Act, but as the...

10. EFT v SQ [2019] NZDT 1357 (25 October 2019) [pdf, 195 KB]

    ...are EFT 's reasonable losses? Was Mr Q negligent in allowing his stock to make their way onto the highway? 4. I find that EFT have provided insufficient evidence to prove negligence on Mr Q's part. Section 5(2) of the Animal Law Reform Act 1989 states that, in determining whether or not a person is liable by way of negligence for damage caused by an animal straying onto a particular highway, consideration shall be given to the common practice in the relevant locality in r...