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1. NH Ltd v NZ [2024] NZDT 159 (26 March 2024) [pdf, 179 KB]

   ...and was it fit for the purpose? c) What sum, if any, is payable? What were the terms of the contract? 3. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. 4. It was undisputed that the agreed pricing was $24,000.00, plus $14.00 per square metre for the additional concrete for the variation from 100 mm to 150 mm, exclusive of GST. The inv...

2. SB & IM v TO [2024] NZDT 414 (21 May 2024) [pdf, 187 KB]

   ...September 2021 for assistance with a partnership visa application. TO is not a licensed immigration advisor, but is, or was at the time, an employee of [Government Agency]. He says he was doing SB a favour, initially by assisting with an Official Information Act enquiry, and later by assisting with the visa application. 2. SB has quite a different version of events. She says she engaged TO to assist with her immigration matters and he charged a fee of $13,000.00 for that assistance (she...

3. KO v Q Ltd [2025] NZDT 205 (26 May 2025) [pdf, 196 KB]

   ...of values – usually this is the price to be paid), and an intention to create a legal relationship. There must be sufficient certainty of terms. 10. I advised the parties during the hearing that I am been unable to find there was any contract formed between them. This is for the following reasons: a. I am not satisfied that there was any offer. Q Ltd is of the view that it offered parking to KO, however a sign that says NO PARKING, PRIVATE PROPERTY, CUSTOMER PARKING ONLY STRICTLY...

4. 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...

5. Form 79 Response to Third Party Claim [pdf, 203 KB]

   Form 79 Ministry of Justice Collections Unit   www.justice.govt.nz/f ines/civil-debt 0800 658 952 Notice to registrar: response to third party claim Court reference number Agent reference number This notice relates to the court case between (Full name of judgment creditor(s))  and (Full name of judgment debtor)  To a registrar of a District Court This document notifies you that: Select one of the following: I accept (Name of third party’s)  claim to ownership of the follow...

6. 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...

7. UC Ltd v BD Ltd [2024] NZDT 553 (9 July 2024) [pdf, 267 KB]

   ...put in and maybe they put some in and not all of it. BD says: 19. The photographs UC Ltd supplied on 20 May of the different sections of concrete shows a less significant difference in colour than the photographs they supplied with the claim form. 20. UC Ltd comment about the colour of council footpath (being darker) but the footpath colour is also significantly darker than the TU concrete. 21. The photograph of the footpath looks very dirty and looks quite old so making th...

8. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...1.6014ha but adding up the areas shown on the title plan SO 457739 which accompanied the notices to take gives a total area of 1.4702ha. It may be that the latter area does not include some land on the northern side which may previously have formed part of the property but which now forms part of the Auckland - Hamilton motorway. Ultimately this makes no real difference to the present issue. 3 [6] The area sought to be taken by the Council totals 3,047m2 , in three sections al...

9. Smith v ACC [2014] NZACA 3 [pdf, 82 KB]

   ...extensive experience and the fact that he holds an Honours degree in Law and will be admitted to the bar this year. I accept that this more than adequately justifies Mr Forster’s charge out rate, but unfortunately, in the absence of any objective information at all concerning the attendances and disbursements that make up the costs claimed on review and the inescapable impression that costs may not have been charged as yet for these three reviews and may indeed not be charged at all,...

10. Adams & Anor v Easthope & Ors [2014] NZWHT Auckland 10 [pdf, 67 KB]

    ...since the Tribunal decision dated 2 March 2012. In addition Mr Sayles has not made any submissions or provided any other information to suggest that there should be a change to the quantum orders made back in 2012. Mr and Mrs Adams however request that the interest awarded be updated and calculated through to the date of this decision. Cost of remedial work [8] Following the experts’ conference convened prior to the initial hearing the Council and the claimants agreed that...