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1. 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...

2. 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...

3. 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...

4. [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...

5. [2023] NZEmpC 227 Pilgrim v Attorney-General [pdf, 280 KB]

   ...Shepherd and the Shepherds. [14] Submissions were also advanced during the course of the hearing as to the role of the Overseeing Shepherd, as opposed to the individual holding that role, and the potential implications of that. [15] I have formed the view that at all material times the employer was the Overseeing Shepherd. Essentially that is because the evidence pointed squarely to the Overseeing Shepherd, at any particular point in time, being the ultimate controlling force w...

6. LCRO 182/2014 DL v SJ, GS and PQ [pdf, 292 KB]

   ...included the cash contribution that Mrs Y had made to the purchase of the rest home unit, and Mr PQ’s discussion with Mr Y in or about 2007 concerning that. Mr and Mrs SJ also expressed their frustration about Mrs B’s unwillingness to provide information about Mr Y’s estate. [22] Mr DL said that he would make some enquiries about Mr Y’s estate, and provide them with any information to which they might be entitled. [23] After the meeting and during November and early Decembe...

7. Te-Manutukutuku-Issue-79.pdf [pdf, 11 MB]

   ...expected that this issue of key national significance for Māori would be rep­ resented in claims brought to the Tribunal. On 23 November 2021, the Tribunal received an application from claim­ ants on behalf of the New Zealand Māori Council. They requested that an upcoming hearing within the health services and outcomes inquiry (Wai 2575) of claims concerning Māori with lived experience of disability be deferred in order to enable a priority inquiry into claims on the Crown’s...

8. Form-10_Family-Invoice_non-Fixed.pdf [pdf, 211 KB]

   Version 21 – October 2023 page 1 10/23 form 10 Tax Invoice Family Legal Aid Non-Fixed Fee Legal aid file No. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Law firm Details of claim Forum category 1 2 3 4 Type of proceedings this invoice covers: Covers period from: to Interim invoice Final invoice Lead Provider L...

9. [2021] NZACC 44 - Waite v ACC (17 March 2021) [pdf, 261 KB]

   ...did not have any right elbow symptoms. [22] On 22 January 2015 the appellant injured his right elbow while moving furniture. He consulted his GP on 5 February 2015 who noted that he was tender under the lateral epicondyle with elbow pain. A claim for cover for right lateral epicondylitis was filed. [23] Dr Lane commented on 26 February 2015, on the claim for cover for right elbow lateral epicondylitis. Dr Lane noted that cover had been declined for the same process for su...

10. LCRO 369/2013 WS v AD (29 August 2017) [pdf, 334 KB]

    ...summarised the issues of complaint as being:20 (a) Mr AD provided inappropriate advice in relation to the purchase of Unit M. (b) Mr AD provided incorrect and conflicting advice in relation to [Company T]. (c) Mr AD failed to respond to IRD requests for information regarding Mr WS. 18 Standards Committee decision at [17]. 19 At [22]. 20 At [13]. 14 (d) Mr AD failed to advise Mr WS of the correct interest rate in relation to...