Search Results

1. CG & XG v QC & KC [2025] NZDT 109 (4 March 2025) [pdf, 220 KB]

   ...transaction for the sale and purchase of real estate the principle of “buyer beware” will apply. However, the law and the contract itself may impose obligations which offset this presumption. 11. In this case the parties entered into a standard form contract for the sale and purchase of real estate. They used the 6thth edition of the ADLS/REINZ contract. The sale and purchase agreement does not contain a general warranty as to the condition of the property, any warranties as to t...

2. Waitangi Tribunal Vol 2 Tauranga Moana [pdf, 9.2 MB]

   ...to the landscapes in which their whaka- papa (ancestry) embeds them. Their ancestral landscapes are those places made sacred by the lives and deaths of their ancestors. These landscapes include natural features such as forests and rivers ; physical formations such as mountains, valleys, harbours, and estuaries ; and cultural features such as pā, kāinga, mahinga kai, and wāhi tapu.27 The ancestral landscape defines the relationship between tangata whenua and the nat- ural environment ;...

3. BORA Ngāti Whātua Ōrākei Claims Settlement Bill [pdf, 289 KB]

   ...consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act [6]. Exclusion of remedy of compensation/civil liability 9. Clause 24(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under Part 2 of the Bill. Clause 82 excludes various categories of civil liability that may otherwise arise from the dissolution of the two existing...

4. Biester v Kingi - Te Ti B Part being Lot 17 DP 61631 (2025) 296 Taitokerau MB 177 (296 TTK 177) [pdf, 289 KB]

   ...18(1)(a) of the Act. It does not seek relief against cancellation of the lease pursuant to the Property Law Act. In that closing, Mr Tūpara makes an unusual submission that terminating the lease will leave Ms Biester homeless, which he says is a form of elder abuse. It is not clear how that relates to the applications filed or the relief sought. Despite that, the general tenor of Mr Tūpara’s closing submission is that: (a) the trustees failed to uphold their obligations to their...

5. [2010] NZEmpC 16 Aotearoa Coolstores Ltd V Waara [pdf, 18 KB]

   ...investigation meeting, he did not provide any written statements or submissions or documentary evidence at or before the investigation. These events were recorded in the Authority’s determination that ACL seeks to challenge. [5] I therefore requested a report from the Authority, under s 181(2) of the Employment Relations Act 2000 (“the Act”). That request required the Authority, under s 181(1)(a)-(b), to submit to the Court a written report giving the Authority’s assessmen...

6. DS v NS [2018] NZDT 1454 (7 May 2018) [pdf, 130 KB]

   ...by the dog. 11. In this case, DS was obliged to spend $779.10 on a vet’s care for her dog, including anaesthetic. This is therefore the amount payable by NS. Referee: M Wilson Date: 7 May 2018 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. If you wish to apply for a rehearing, you...

7. BS v TT [2019] NZDT 1485 (5 December 2019) [pdf, 171 KB]

   ...situation, the person who was ultimately liable must reimburse the person who was compelled to pay. 6. BS said that [Telecommunications provider] has been compelling her to make payments on her account for the phone, although she did not bring information to the hearing that would enable me to determine how much has been paid to date and how much is still owing. However, TT has received the benefit of the phone itself together with the insurance, and I find that it would be unconscionabl...

8. BI v SQ Incorporated [2020] NZDT 1366 (26 November 2020) [pdf, 210 KB]

   ...rust repair was needed, it is likely that that cost would have been higher than the $350.00 charged, so the betterment to BI was significant. Referee: J Perfect Date: 26 November 2020 CI0301_CIV_DCDT_Order 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 r...

9. KH v KL [2022] NZDT 178 (4 October 2022) [pdf, 144 KB]

   ...motherboard following winning the auction for it on U? b) If so, what is Mr KH’s loss? Is Mr KL in breach of contract by not paying Mr KH for the motherboard following winning the auction for it on U? 4. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. CI0301_CIV_DCDT_Order Page 2 of 3 5. In a U transaction such as in this case, a leg...

10. I Ltd v K Ltd [2023] NZDT 727 (18 December 2023) [pdf, 104 KB]

    ...in the position they would have been in had the contract not been breached. This means that the respondent should pay the applicant $2,507.68. Referee: K. Armstrong Date: 18 December 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: for example, the relevant information was not available at the time. If you wish to apply for a rehe...