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1. Stock v Morris - Wainui 2D2B (2012) 41 Taitokerau MB 121 (41 TTK 121) [pdf, 259 KB]

   ...Introduction [1] This judgment concerns an application under s 18(1)(a) of Te Ture Whenua Māori Act 1993 (“the Act”) to determine ownership of a cottage on Māori freehold land. It is a contest between Mariao Stock, an owner in the land, and her former partner, Rex Morris, a non-owner. Mariao claims ownership of the cottage and is supported by her fellow owners. Rex paid for the construction of the cottage and claims a monetary interest. There is no real evidential dispute....

2. [2021] NZIACDT 25 – RH v Ji (8 November 2021) [pdf, 211 KB]

   ...advice from Yan Ryan Ji, the adviser. [2] Mr Ji accepted instructions despite having a conflict of interest. Furthermore, the explanation he gave Immigration NZ was misleading. Nor did he comply with his professional obligations concerning information disclosure at the time he entered into an agreement for professional services with the complainant. [3] The Registrar of Immigration Advisers (the Registrar) has referred a complaint against Mr Ji to the Tribunal, alleging neglig...

3. HY v RB & YR [2019] NZDT 1217 (7 October 2019) [pdf, 167 KB]

   ...operated by BN Limited to re-open a quarry to supply the aggregate rock required for completion of the Works (the “Works”). Investigations revealed that, on 1 July 2018, the vendors had given their unconditional consent to the Works by signing a form for the purposes of s95B of the Resource Management Act 1991 (“RMA”) (the “Consent”). However, the vendors had not notified Ms HY of either the Works or the Consent. [4] Ms HY states that she would not have purchased the pro...

4. D Ltd v C (NZ) Ltd [2024] NZDT 116 (17 April 2024) [pdf, 175 KB]

   ...so, what remedy is appropriate? e. Was there any false or misleading conduct in trade by the respondent? f. If so, what remedy is appropriate? Who was the contract between? 7. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can Page 2 of 3 only be enforced against the parties to the contract, so it is important to determine whether D...

5. [2009] NZEmpC CC 9/09 Jinkinson v Oceania Gold (NZ) Ltd [pdf, 80 KB]

   ...would have worked an average of 53⅔ hours per week exclusive of days off. [13] Ms Jinkinson was paid fortnightly and earned an average of $1,045.82 per week. From March 2006 onwards, she received quarterly bonuses based on the overall mine performance. [14] Oceana Gold conducted annual reviews of Ms Jinkinson’s performance. The company also carried out assessments of her ability and, in September 2006, this resulted in a promotion with a corresponding pay rise. [...

6. Green v EIT [2020] NZHRRT 24 [pdf, 985 KB]

   ...is similarly prohibited pending further order of the Chairperson or of the Tribunal. [43.3] There is to be no search of the Tribunal file without leave of the Chairperson or of the Tribunal. The plaintiffs and defendant are to be notified of any request to search the file and given opportunity to be heard on that application. [20] When the hearing commenced on 3 July 2017 counsel for EIT, in accepting the interim orders would necessarily become final orders, sought name suppression for...

7. WG v HK [2024] NZDT 216 (11 March 2024) [pdf, 140 KB]

   ...thought that he had slowed down deliberately, as time went on, in order to earn more money. She had not considered his work satisfactory. At one point, she said, when WG had been obliged to hang some doors, a representative of the door supplier had informed her that WG did not know how to do the work. [9] During the Christmas break, HK had wanted to engage other tradespersons to carry out other work in her house. At that point, she said, she had learned, from their comments, that the wor...

8. SC v N Ltd [2023] NZDT 467 (23 August 2023) [pdf, 121 KB]

   ...Ltd [City 1]). 2. In August 2015, N Ltd [City 2] (Mr D) entered into a sole agency agreement with Q Ltd for the sale of a commercial building at [Address]. N Ltd [City 1] (SC) worked with Mr D as the local agent. 3. SC prepared a detailed information pack for potential purchasers. 4. In September 2015, XZ phoned SC to enquire about the building. 5. SC and XZ had previous dealings together. SC had been a commercial real estate broker in [City 1] for 30 years. XZ is a well-know...

9. QT & WT v K Ltd [2024] NZT 895 (4 December 2024) [pdf, 181 KB]

   ...control of the Respondent. 21. The Applicants note that some delays were attributed to incorrect or delayed ordering done by the Respondent. CI0301_CIV_DCDT_Order Page 4 of 6 22. Pursuant to section 28 of the Act, any services will be performed with reasonable skill and care. However, this does not mean that a supplier is not able to make errors or mistakes. 23. I find that while the Respondent did make a couple of errors regarding ordering, these are expected in the...

10. G Ltd v F Ltd [2025] NZDT 40 (3 April 2025) [pdf, 184 KB]

    ...parties’ lease, dated 8 January 2024, was signed by SD and LT for their respective companies. The lease was expressed to run for one year, with subsequent rights of renewal. The monthly rental was $1,195.46. SD said that LT had paid rent until she informed him on 15 September 2024 that F Ltd was intending to vacate the property. At that point, the lease had some four more months to run, and 20 days’ notice of a decision not to renew the lease was required if that was the tenant’s inte...