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1. KQ v LI [2023] NZDT 593 (6 November 2023) [pdf, 93 KB]

   ...hearing LI’s phone number was [redacted]. The Referee noted that LI initially answered then hung up, then did not answer 2 further calls. Then later that day he called the court and provided his wife’s number to be used, not the number in the claim form. Referee: J Savage Date: 6 November 2023 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...

2. KQ v UN [2024] NZDT 52 (19 January 2024) [pdf, 127 KB]

   ...damage to [car 2]. This is sufficient proof of liability in a civil claim. UN is therefore liable for the total repair costs for both cars of $10,237.93. Referee: E Paton-Simpson Date: 19 January 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...

3. NC v HU [2023] NZDT 692 (21 December 2023) [pdf, 193 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

4. TT v D Ltd & TC [2024] NZDT 488 (25 June 2024) [pdf, 171 KB]

   ...SECOND RESPONDENT TC The Tribunal orders: The claim is dismissed. Reasons: 1. In September 2023, TT purchased a tenanted two-bedroom apartment with a carpark in [suburb] from TC for $29,000.00 at an auction held by D Ltd. TT was informed by the tenants during the pre-settlement inspection that there was a leak in the sink and shower. Settlement went ahead, but TT subsequently resold the apartment to her property manager, who had originally managed the property for TC...

5. Ruka - Taheke 23 A (2012) 2012 Chief Judge's MB 416 (2012 CJ 416) [pdf, 192 KB]

   ...a marae for “many years” and that Hiri Reihana Ruka “asks only that a site be taken from his share of the land”. In essence the request of Hiri Reihana Ruka has been granted by the Court. 26. On 29 April 1974 Wahineiti Ellen Huriwai requested that the Court allocate an area of 2 acres for the marae and advised that “Hiri Richard Ruka filed the application on behalf of the Committee”. The Applicant claims that Hiri Richard Ruka was the “donee for Taheke 23A” but...

6. [2021] NZREADT 11 - Beath v The Real Estate Agents Authority, Mike Pero Real Estate Ltd, Kemp & Scoble (22 March 2021) [pdf, 246 KB]

   ...(affirmed by the Court of Appeal in Nottingham v Real Estate Agents Authority [2017] NZCA 1. 5 See Nottingham, at [81]. [a] Emails dated 4 and 6 March 2019 (which refer to emails and documents relating to the March 2015 transaction); [b] Cross-claim documents in a High Court civil proceeding brought by Mr Beath against the vendors of the property, the Agency, and the licensees (“the cross-claim documents””); [c] Emails between the Agency’s Administrator and the lice...

7. XG v NG & BQ [2021] NZDT 1642 (3 November 2021) [pdf, 250 KB]

   ...foundation. XG said that when he talked to KU after he had carried out the inspection, he (XG) was only concerned to hear whether the house passed the earthquake test. He said that KU told him that there were no major issues with the house. He then informed the agent to proceed with the purchase. It was when his wife received the [Inspection Company] Report by email, after the contract was signed, that he heard about the issues with the house. He said that receipt of the Report l...

8. Black v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 202 [pdf, 243 KB]

   ...continued to receive earnings for another 52 weeks. [5] On 7 February 1997, Mr Black’s father made a call to the Corporation. The note of the call reads: Father rang for Jeremy. He is off work and queried for weekly compensation. They completed forms at the hospital with case manager. I advised I would request the file and send an ARC/3 to Jeremy’s employer. Jeremy has another ARC/18 and they will post this in. IP (injured person?) is residing in Rolleston. Employer Cante...

9. BORA Te Hiku Claims Settlement Bill [pdf, 280 KB]

   Te Hiku Claims Settlement Bill 11 February 2014 Attorney-General Te Hiku Claims Settlement Bill - (PCO 15369/6.2) – Consistency with the New Zealand Bill of Rights Act 1990 1.We have considered the Te Hiku Claims Settlement Bill (the Bill) for consistency with the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). We advise that the Bill appears to be consistent with the Bill of Rights Act. 2.The Bill effects a final settlement of the claims 1 of four iwi - Ngāt...

10. Adoption Action Inc v Attorney-General [2016] NZHRRT 9 [pdf, 371 KB]

    ...whether a meaning consistent or less inconsistent with the right can be found [254] REMEDY [257] Crown submissions on remedy [260] Discussion – the comity point [262] The law reform point [267] The “good practice” point [270] The Crown request for a further remedies hearing [272] DECLARATION [277] COSTS [280] 5 INTRODUCTION [1] The Adoption Act 1955 came into force on 27 October 1955, some 61 years ago. But as one informed commentator has pointed out, the o...