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1. 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...

2. Hemana - Rotopounamu 1B3A2C (2019) 77 Tākitimu MB 220 (77 TKT 220) [pdf, 380 KB]

   ...to the trust, given its existing relationship with some of the trustees. The trust set up a limited liability partnership as a commercial vehicle to complete and manage the papakainga project. To progress the loan, credit application and check forms were required from each of the trustees as a first step prior to any application being made. Ms Nathan sought these on 27 January 2018, 6 Puna - Rotopounamu 1B3A2C (2018) 70 Tāk...

3. Ross and Ellis v Te Moni - Otumoko B4 (2010) 2 Waikato Maniapoto MB 243 (2 WMN 243) [pdf, 62 KB]

   ...consent to build a temporary house on the block. The defendants used their savings to build a house on the block and have lived there since 1996. [5] In evidence Mr Ellis said that he sent a letter to the defendants on or about 16 August 2005 requesting that they quit the block and remove their house. He said that since then he had on two or three occasions orally asked the defendants to remove their house. He also mentioned that he had written some additional letters to the defe...

4. Smitheram v Hanns [2010] NZWHT Wellington 24 [pdf, 483 KB]

   ...covered by the building wrap and is moisture stained. [63] There is moisture penetration through the LAM on the flat roof. The LAM is incomplete at the north end. [64] The west balcony has a ply substrate, LAM and tile finish. The balcony forms the roof of the living room. The internal gutter at the balcony is incomplete at the outer edge of the ply substrate and the transition through the balustrade towards the rain head. There is no drip edge and moisture is not preven...

5. Guo v PwC (Discovery and Search Order) [2021] NZHRRT 22 [pdf, 349 KB]

   ...circumstances [5] The proceedings against PwC under the Privacy Act [14] The interlocutory applications filed by Ms Guo [15] PWC – THE DISCOVERY APPLICATION [21] The Tribunal’s power to order discovery [21] Pleadings – the statement of claim [25] Pleadings – the statement of reply [27] Assessment – the issues which will determine the scope of discovery [28] Whether formal discovery should be ordered [32] Reasons for formal discovery being ordered [36] Use of discov...

6. Dodd [pdf, 90 KB]

   ...note. She suggests it is therefore unreliable to take this as a final inspection. She submits that there is in fact no evidence on the Council file which states when the final inspection took place. [8] Ms Dodd further submits that the information now available suggests that it is likely the property was not occupied until September 1999 at the earliest and may not have been until 2001 when the gas was supplied. Ms Dodd also submits that the date the Department of Building...

7. LR v Accident Compensation Corporation (Claim for overseas rehabilitation costs) [2023] NZACC 29 [pdf, 183 KB]

   ...developmental delays and associated disabilities, including spasticity. However, the claim was declined because, at that stage, the Corporation was unable to establish an injury relating to treatment. The Corporation did not receive any further claims or requests for cover in the ensuing period of nearly three years. [5] On 24 May 2021, Ms Carrigan, advocate for the appellant, wrote to the Corporation. Ms Carrigan asked the Corporation to revisit its decision and confirmed that...

8. EH v B Ltd [2024] NZDT 423 (7 May 2024) [pdf, 155 KB]

   ...north-west wind resulted in spontaneous combustion. However EH has not been successful with her claim for the reasons outlined above. The claim is dismissed. Referee: L Thompson Date: 7 May 2024 Page 6 of 6 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 re...

9. [2024] NZEnvC 266 McCallum Bros Limited v Auckland Council [pdf, 373 KB]

   ...proved to be particularly complex. The constitution of the Court [10] The Court was co-chaired by Judge AHC Warren of the Māori Land Court who also holds an alternate Environment Court warrant, and Judge JA Smith of the Environment Court. They formed a court together with Commissioners S Myers and 5 McCallum Bros Limited v Auckland Council [2023] NZEnvC 130. 6 McCallum Bros Limited v Auckland Council [2024] NZEnvC 75. 7 McCallum Bros Limited v Auckland Council [2024] NZEnvC 72.

10. Body Corporate 85927, 38 Roxborough St v Wellington City Council [2010] NZWHT Wellington 12 [pdf, 203 KB]

    ...cladding and membrane failure then questions of carelessness in application fade away. 61. On the matter of materials, Mr Walter stated the company initially quoted to do the cladding work in insulclad. Mr Walter said the company was then requested to “trim back” the quotation and was requested to do a quotation using a cheaper product, Alchemis. Mr Walter was a credible witness. He was not cross examined on this point. 62. His evidence is corroborated by a facsi...