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1. EG v KI [2023] NZDT 247 (12 June 2023) [pdf, 109 KB]

   ...damaged from the trimming: one manuka and two pohutukawa. 10. Photos were presented that showed the tops had been trimmed in a way that left “stubs”. These were unsightly, and not at growth points in the tree that would encourage proper future form. 11. I therefore consider that the trees were damaged. One was able to be rectified by trimming. The other two were removed altogether. KI made the point that the two trees that were removed were still alive. However, given the...

2. IM v X Ltd [2024] NZDT 402 (17 June 2024) [pdf, 175 KB]

   ...proving that X Ltd fell short of reasonable expectations for security in all the circumstances. He has failed to prove this, so the claim must be dismissed. Referee: E Paton-Simpson Date: 17 June 2024 Page 3 of 3 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...

3. NC Ltd v TE & HE [2024] NZDT 597 (17 July 2024) [pdf, 175 KB]

   ...prove that additional amounts are owing, and there can be no percentage cost over-run, due to the fixed price nature of the job. The claim must therefore be dismissed. Referee Perfect Date: 17 July 2024 Page 3 of 3 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...

4. Wati v Corrections [2018] NZHRRT 38 [pdf, 330 KB]

   ...[1] On 12 June 2014, Allan Wati was transferred to Christchurch Men’s Prison where he was held on remand while facing criminal charges. On the same day, Detective Constable Lindsay Tilbury sent an email to the Intelligence Unit at the Prison, requesting that he be provided with copies of letters sent from prison by Mr Wati. One letter was provided to him, but Detective Constable Tilbury was told that a production order would be required before Corrections could provide the Police wit

5. Waitangi Tribunal - District 13 Part 1 Northern South Island [pdf, 4.1 MB]

   ...the Tainui iwi Ngai Tara-pounamu, and possibly by remnants of Waitaha, and even a few Ngati Kuia. Tasman Bay had several small communities of Ngai Tara, and possibly remnants of an early WaitahaJRapuwai occupation. Golden Bay and the West Coast formed the takiwa of Ngati Wairangi, a tribe which had migrated there from the Whanganui district. This pattern of occupation was altered significantly in the sixteenth century by more intensive Ngai Tara settlement, and by the arrival of two...

6. Naera v Fenwick - Whakapoungakau 24 Block (2011) 34 Waiariki MB 151 (34 WAR 151) [pdf, 193 KB]

   ...Respondents appear to be relying solely on the self interested advice of Mr Carswell and Bob Weston along with GEL, and their lawyers. Messrs Rabindran and Weston provided an evaluation report to TGL in March of this year on a tender process that requested proposals from suitable companies, which resulted in a shortlist of two, Ormat and Mighty River Power. [27] Ms Aikman submitted that given the close relationships between Messrs Rabindran, Carswell and Weston and their associated...

7. Application-for-assessment-of-financial-means-MoJ207.pdf [pdf, 306 KB]

   MOJ207/11/17 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 8 When should I use this form? This form lets you find out more about a judgment debtor’s ability to pay a judgment debt. Use this form if all the following apply: • you are the judgment creditor and the money owed to you in a judgment or court order has not been paid • you have asked the judgment debtor to complete a financial statement but they have not complie...

8. Waitangi Tribunal - Principles of the Treaty of Waitangi as expressed by the Courts and the Waitangi Tribunal [pdf, 190 KB]

   ...objection is not an adequate response to the Treaty’s terms … Criticism that a tribe has failed to object is largely to blame the victim of the historic process for its current condi- tion … Modern circumstances compel the need for legally cog- nisable forms of tribal institutions with authority to represent the tribe on local issues and adequate resources to assist the formulation of tribal opinion.394 In the Muriwhenua Fishing Claim Report (1988), the Tribunal considered that in circum...

9. [2022] NZACC 17 - Bellamy v ACC (27 January 2022) [pdf, 187 KB]

   ...proceedings. … 8. Mr Bellamy claims that at the review he sought $4,047.56 (including GST) and costs, for the cost of Mrs Bellamy representing him. The Appellant’s Submissions [8] Mr Bellamy’s starting point is a completed ACC 5937 form namely an authority to act form dated 4 April 2013. In that form, signed by Mr Bellamy, it is recorded that his wife Maraea Bellamy is given authority to act on his behalf. The form also contains a “client representative declar...

10. B Ltd v H Ltd [2022] NZDT 270 (20 December 2022) [pdf, 182 KB]

    ...and Commercial Law Act 2017 provides that a party may cancel a contract if the other party breaches a term in the agreement. I have found that H Ltd has breached a term of the agreement. 8. However, the contract may only be cancelled if the performance of that term is essential to the cancelling party or significantly increases their burden. I accept the evidence PO that the time when the trailer would be made was agreed to at the outset of the contract and was impliedly an essential