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  1. UN v BK [2024] NZDT 650 (16 August 2024) [pdf, 146 KB]

    ...connections. The Tribunal has no jurisdiction to make orders regarding that unacceptable conduct. That is a matter for the NZ Police. Referee: B M Smallbone Date: Friday, 16 August 2024 Page 5 of 5 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...

  2. JL v P Ltd & SX [2024] NZDT 685 (27 August 2024) [pdf, 203 KB]

    ...and that they worked as a team. Furthermore, she says she had emails from both QV and SX using the signature block Company P Limited, and that the invoices had the name Company P. 11. However, on balance I find that by the time the contract was formed in February 2022, Company P was no longer being operated by the company Company P Limited. I say this as I accept the evidence from QV, the Director of Company P Limited supported by the agreement for sale and purchase of a business date...

  3. [2006] NZEmpC AC 53/06 Graham v Crestline Pty Ltd [pdf, 86 KB]

    ...causing hardship and distress to her father. Later that afternoon Mr Ian Graham telephoned Mr Donald Graham asking for the name and contact details of Crestline’s director, Mr Reynolds. Mr Ian Graham did not disclose the true reason for his request. When Mr Donald Graham asked him, his son told him that he was proposing to type up notes about a number of matters relating to his father. Again unknown to Mr Donald Graham, Mr Ian Graham tracked down Mr Reynolds’ contact details...

  4. [2009] NZEmpC AC 44/09 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 22 KB]

    ...that party’s entitlement to costs unless the discontinuance is expressly on such terms. There is no suggestion of that in this case. [10] Finally, Mr Dunn says that the Authority’s determination of 27 August 2009 confirms that it was not requested to determine separately costs in relation to Mr Cruickshank. Further, and in any event, Mr Dunn says that the determination of 27 August 2009 includes reference to any separate liability to Mr Cuickshank and rejects this. That is,...

  5. Findlay v Auckland City Council [pdf, 92 KB]

    ...labour-only basis to carry out the carpentry component of the building works and allegedly acted as site foreman and supervisor of the build. Summary of Facts Late Aug 1995 Mr Findlay purchased the section and the Lee Findlay Family Trust was later formed. The Trust acquired title to the property. Mr Findlay and Mr Sandelin were trustees 1995 A quotation given by Leuschke Group Architects was substantially lower than two other quotations and therefore Mr Findlay engaged Leuschke t...

  6. Maniapoto Claims Settlement Bill [PDF, 1.1 MB]

    ...nf the International Covenant on Civil and Political Rights, which are comparable toss 20 and 27(2) nf the Bill of Rights Act. 1 Whether tight to bring civil proceedings ins 27(3) at issue 10. Clause 28(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Rill. 11. Clause 223 of the Bill excludes compensation for technical redundancy (payment or any other benefit) on the ground that the po...

  7. Manuirirangi v Parininihi Ki Waitotara Incorporation - Waiokura Te Kauae blocks, Section 27-29, 33,34, 40-44 and Section 111 Block VII Waimate Survey District and Lot 1 Deposited Plan 5603 (2013) 312 Aotea MB 104 (312 AOT 104) [pdf, 86 KB]

    ...Tōpu Trust seeks an order for the alienation of the Waiokura Te Kauae lands from the Parininihi ki Waitotara Incorporation (“PKW”) to the Trust for the benefit of Ngāti Tu hapū, and for the upkeep of Waiokura Marae. In short Mr Manuirirangi requests that the Court order PKW to transfer title of the lands to the Trust by way of gift or alternatively for some nominal amount that may involve an exchange of shares. [2] PKW opposes the application and says that it has wider respo...

  8. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [pdf, 200 KB]

    ...agrees to assume all the risk, for any condition or problems that may be concealed at the time of the inspection. CI0301_CIV_DCDT_Order Page 3 of 6 Nothing will be dismantled during the inspection, and there will be no destructive testing performed. Appliances and spa/pool equipment special cycles or features are not inspected; none of the appliances or equipment will be dismantled, and no determination of their efficiency will be made. The client understands that the house...

  9. LCRO 83/2025 NA v CB and MG (15 September 2025) [pdf, 161 KB]

    ...I do not doubt your interpretations and conclusions, I do not feel they reflect natural justice. It is our duty as citizens to ensure that justice prevails and if it does not changes must be made for the future. [27] The applicant proceeded to request the second respondent’s permission to include the latter’s letter with the correspondence he intended sending to the Minister of Justice, the Chief Justice and the President of the Law Society. The second respondent advised that the...

  10. CMT v EQC & Tower Insurance Ltd [2021] CEIT-2019-0012 [pdf, 292 KB]

    ...Applicants say that it is not the exercise of a discretion that leads to the liability, but rather whether Tower authorised such fees being incurred. It follows that the Applicants must seek permission from Tower to incur such fees and that, once such a request is received, Tower must consider that request in terms of its duty of utmost good faith to the Applicants. [85] While it is correct that a failure to pay a sum due is a breach of the contract of insurance, such a failure mus...