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1. Karaitiana v Waka Kotahi - Parahaki Island (2022) 454 Aotea MB 299 (454 AOT 299) [pdf, 1.6 MB]

   ...looking west from the vantage point of the temporary bridge, constructed by Waka Kotahi as part of the works necessary to construct piling for the road bridge. At the time of the site visit, the river was running high, and a portion of the land claimed as accretion was under water. I was nonetheless able to see in outline the existing eastern boundary of the island and the area claimed as accretion as this end of the island. There is another smaller area said to be affected by accre...

2. [2007] NZEmpC WC 12D/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 30 KB]

   ...it would be appropriate to use the “Okeby” multiplier test1. [19] In assessing the costs, I take into account the concerns raised by the second defendant that any award should be made separately against each defendant and not globally as requested by the plaintiff. 1 Okeby v Computer Associates (NZ) Ltd [1994] 1 ERNZ 613 [20] In a phone conference on 28 September 2007 called to deal with the costs submissions, Mr Thor...

3. LCRO 77/2017 RV v JH (31 August 2017) [pdf, 91 KB]

   ...this decision have been changed. DECISION Introduction [1] Mr RV has applied for a review of a decision by the [Area] Standards Committee that further action in respect of his complaint concerning Mr JH’s advice to Baycorp regarding a debt claimed by Mr RV was not necessary or appropriate. Background [2] Mr RV contends he is owed a debt of $68,000 (the debt). Around September 2017 he sought assistance from Baycorp in recovering the debt. [3] Baycorp instructed Mr JH to...

4. DQ Ltd v MS Ltd [2020] NZDT 1314 (21 December 2020) [pdf, 188 KB]

   ...it sees fit and MS Limited remains liable to pay all or any outstanding amount under Order 1. Reasons: 1. DQ Limited purchased a 2016 Mazda BT-50 from MS Limited, a motor vehicle trader. MS Limited provided DQ Limited with a Consumer Information Notice at the point of sale. The notice incorrectly stated that the vehicle had not been imported as a damaged vehicle. DQ subsequently became aware of the vehicle’s history and now seeks to return the vehicle for a full refund.

5. Form-38a_ACC-v2.pdf [pdf, 220 KB]

   Version 21 – October 2023 page 1 10/23 form 38a Tax Invoice ACC Legal Aid Fixed Fees Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice Final invoice Forum Category 1 2...

6. Form-41a_Family-Invoice_PPPR-v3.pdf [pdf, 224 KB]

   Version 21 – October 2023 page 1 10/23 form 41a Tax Invoice Family Legal Aid Fixed Fees Protection of Personal & Property Rights (PPPR) Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Int...

7. Ngati Pahauwera Report of Independent Assessor December 2015 [pdf, 1.4 MB]

   ...mouths of rivers (including the Mohaka River mouth) inside that area to the extent that they are part of the common marine and coastal area. “Common marine and coastal area” and “marine and coastal area” are both defined in s 9 of the Act, the former definition essentially incorporating the latter. The defined areas are those bounded by mean high-water springs and the outer limits of the territorial sea. The iwi apply under s 78 of the Act for a recognition to be included in any C...

8. LCRO 185/2018 GT v NE (16 July 2019) [pdf, 206 KB]

   ...Credit Contracts Act. 5 Declaration of insolvency [25] In his response Mr NE does not refer to making a “declaration”. He advised that he had “more than 25 years’ experience of advising directors, liquidators and receivers” and had formed the view that the Company was insolvent. Mr NE provided the figures he relied on to form that view. His response was detailed. The $1.3m payment [26] Mr NE believes that the first time he was made aware of Mr GT’s “view” th...

9. B Ltd v JD [2024] NZDT 285 (7 March 2024) [pdf, 165 KB]

   ...quasi-contractual basis? Was there a valid and binding contract between B Ltd and JD? 12. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. For a contract to be formed there needs to be an agreement, an intention to create legal relations and consideration. 13. A document was produced to the Tribunal dated 4 May 2023 and entitled “letter of preliminary engagement for development a...

10. [2021] NZEmpC 33 Saipe v Bethell [pdf, 238 KB]

    ...[33] Understandably, it is not part of Mr Saipe’s case that the 24 August 2013 email was not the instrument of his dismissal; the email was unequivocal; Ms Bethell advises Mr Saipe that the business cannot continue engaging his services and requests that he cease using the Cottages’ systems; he was asked to hand over login details. In his email of 26 August 2013, Mr Saipe recognises that Ms Bethell had dismissed him from his position in her email dated 24 August 2013. [34] M...