Search Results

1. NZ Law Commission review of the law of Trusts [pdf, 2.4 MB]

   ...August 2013, Wellington, New Zealand | REPORT 130 REVIEW OF THE LAW OF TRUSTS A TRUSTS ACT FOR NEW ZEALAND The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. Its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand. The Commissioners are: Honourable Sir Grant H...

2. MO v X Ltd [2025] NZDT 111 (5 March 2025) [pdf, 197 KB]

   ...Do X Ltd’s terms and conditions exclude liability? 6. A contract is a legal agreement between two parties, and the terms of the contract are what each party has agreed to do under the contract. 7. I find that X Ltd’s terms and conditions formed part of the contract between the parties. It was common ground that the terms and conditions were attached to an email sent to MO setting out the request for the deposit. 8. MO said he did not read the terms and conditions at the tim...

3. Waitangi Tribunal - Part 2 Rangahaua Whānui District Auckland [pdf, 3.8 MB]

   ...All Woods and Waters, WPond © Copyright Waitangi Tribunal 1997 FOREWORD The research report that follows is one of a series of historical surveys commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui programme. In its present form, it has the status of a working paper: first release. It is published now so that claimants and other interested parties can be aware of its contents and, should they so wish, comment on them and add further information and insights. The...

4. OP v UV LCRO 160/2015 [pdf, 168 KB]

   ...that she was returning the signed documents. Ms UV then filed the application for probate and various documents in support at the High Court. She also filed Mrs OP’s notice of choice of option A under the PRA. [15] On 18 August 2014 Mrs OP requested an update and information. Ms UV replied the same day, saying that she was awaiting the Grant of the Probate. She also suggested that the trustees execute the share transfer forms as executors, but advised they may also require a...

5. [2017] NZEmpC 166 Sawyer v VC of Victoria University [pdf, 425 KB]

   ...determination of the Employment Relations Authority ordering her to pay a penalty of $8,500 within 28 days.1 [2] The circumstances in which the Authority concluded that Dr Sawyer must pay a penalty have been addressed in an earlier judgment dealing with a request for urgency in this proceeding.2 1 Vice-Chancellor of Victoria University of Wellington v Sawyer [2017] NZERA Wellington 106. 2 Sawyer v Vice-Chancellor of The Victoria Uni...

6. PF Ltd v QI MI [2020] NZDT 1455 (19 April 2021) [pdf, 138 KB]

   ...including with the roof, rangehood and gas regulator. She claims she has suffered loss of $62,056.58, but has reduced her claim to $30,000.00 to fit within the Tribunal’s jurisdiction. 2. Although Ms C identified a number of issues in her claim form, at the hearings on 22 October 2020 and 25 March 2021 she confirmed that she was restricting her claim to four items: rangehood; gas regulator; windows; and the roof. 3. QI and MI deny liability for any loss suffered by PF Limited....

7. Short v Accident Compensation Corporation (Personal Injury) [2024] NZACC 188 (22 November 2024) [pdf, 178 KB]

   ...Auckland/Tāmaki Makaurau District Court Appearances: The Appellant is self-represented F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 22 November 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 20, 25, 26 , Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 20 March 2024. The Reviewer dismissed an application for review of th...

8. ACN v ZXR Ltd [2013] NZDT 115 (26 September 2013) [pdf, 73 KB]

   ...gear lever, and lighting issues [23] The Applicant states that there was only the one photo in the advertisement. On balance, I accept her position on this point. This is because the only evidence on this point came from the Applicant in the form of the online advertisement, which shows just the one photo and makes no reference to more. JD has supplied more photos taken prior to the sale but no evidence that they were on the advertisement. There is also the fact that YR had to ph...

9. [2016] NZEmpC 159 Lumsden v Skycity Management Ltd [pdf, 101 KB]

   DAVID LUMSDEN v SKYCITY MANAGEMENT LIMITED NZEmpC AUCKLAND [2016] NZEmpC 159 [28 November 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 159 EMPC 175/2016 IN THE MATTER OF Proceedings removed from the Employment Relations Authority AND IN THE MATTER of an application to state a case for the Court of Appeal BETWEEN DAVID LUMSDEN Plaintiff AND SKYCITY MANAGEMENT LIMITED Defendant Hearing: On papers filed on 7 and 23

10. [2017] NZEmpC 110 Below v The Salvation Army NZ Trust [pdf, 131 KB]

    ...anticipating an argument that this was a test case where costs should lie where they fall, submitted that Mr and Mrs Below’s circumstances were confined to a limited class. He said that the Court’s decision was unlikely to have a wide effect. The claim was not a representative action where others in identical circumstances would be spared the need for litigation by virtue of this proceeding. Simply because the proceeding was removed on the basis there was an important point o...