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1. EP v UK LTD & UKU LTD 2016 NZDT 893 (7 December 2016) [pdf, 137 KB]

   ...[4] EP says that the original gear issue has not been resolved and the car is not driveable as well as being in a considerably worse state cosmetically than when she delivered it to UK Ltd. She questions how it obtained a WOF in December 2014 and requests a refund of the amount paid as well as a declaration of non-liability for the balance of the amount invoiced by UK Ltd, plus compensation for tow costs, registration and insurance and remedy to the cosmetic issues evident on the car...

2. Whare v Trustees of Pukerewa A Trust - Pukerewa A (2015) 95 Waikato Maniapoto MB 105 (95 WMN 105) [pdf, 252 KB]

   ...contended that the terms of reference for the sub-committee were clear, they knew what the budget was and they were obliged to report to the Trust. They failed to properly supply the trustees with reports and financial information, despite repeated requests, and as a consequence money was expended by the sub-committee before the trustees were aware that the budget had been exceeded. 95 Waikato Maniapoto MB 119 [55] Mr Clark further submitted that the strategic planning wanang...

3. [2021] NZACC 135–NT v ACC (10 August 2021) [pdf, 285 KB]

   ...Hearing: On the papers. Held at: Auckland/Tāmaki Makaurau Appearances: The appellant is self-represented H Peart as Amicus Curiae F Becroft for the respondent Judgment: 10 August 2021 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for mental injury - s 21, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a reviewer dated 29 November 2013. The reviewer determined that there was insufficient evidence to show that NT suffer...

4. QD & XD v QN [2021] NZDT 1683 (10 December 2021) [pdf, 181 KB]

   ...bargain, intended to show the payer’s sincerity and intention to complete the purchase. In many contexts, such as that of a conditional contract, it is understood that a deposit will be refunded if the contract is not completed, and it is intended to form part of the purchase price when the contract is fulfilled. However, the fact that a payment is called a “deposit” does not meant that it is automatically refundable if the contract is not completed. Generally, if the buyer is in bre...

5. [2015] NZEmpC 18 Severinsen & Anor v AFFCO NZ Ltd [pdf, 14 KB]

   ...30 January 2015) Appearances: J Unsworth, counsel for the applicants R Webster, counsel for the respondent Judgment: 18 February 2015 JUDGMENT OF JUDGE A D FORD [1] The applicants seek leave to file a statement of claim out of time challenging on a non de novo basis a determination of the Employment Relations Authority dated 19 December 2014. 1 [2] Section 179(2) of the Employment Relations Act 2000 affords 28 days to lodge such a challenge and reg 7...

6. Wai 2660 Public Notice Notification and Final Filing Date [pdf, 151 KB]

   ...memorandum-directions of the Presiding Officer, Judge Armstrong, were released directing several filing dates for parties to adhere to. A copy of this direction can be obtained from the Waitangi Tribunal website (www.waitangitribunal.govt.nz) or can be requested by emailing WT_Requests@justice.govt.nz. Please reference Wai 2660, document #2.5.16. HOW DO I FIND OUT MORE INFORMATION? Further information on this inquiry can be obtained from: Brianna Boxall Inquiry Facilitator for...

7. [2016] NZEmpC 34 Advance International Cleaning Systems NZ Limited v Hamilton [pdf, 160 KB]

   ...21 December 2015. The courier information indicates that this item was in fact uplifted from Advance on 16 December 2015. Since this is the same date as the filing fee was direct-credited, I find that this was the date on which a courier was requested and attended, rather than 15 December 2015 as asserted in Mr Nadan’s submission. [15] If the courier had delivered the statement of claim according to expected delivery specifications, that is the next day, the statement of claim w...

8. Preece v Hokotehi Moriori Trust (2010) 5 Te Waipounamu MB 83 (5 TWP 83) [pdf, 109 KB]

   ...Ngahiwi Dix consider themselves to be of Ngāti Mutunga descent. [4] The Hokotehi Moriori Trust (“HMT”) represents the imi/iwi of Moriori on Rekohu/Chatham Islands. Since the early 1990’s the Hokopapa/Whakapapa Unit of HMT has received requests from some descendants of Ngahiwi Dix to become registered members of HMT in the belief that Ngahiwi Dix was also of Moriori descent. [5] After several years research by the Hokopapa Unit, the trustees of HMT accepted that Ngahiwi D...

9. ZA v YB LCRO 23/2014 (31 August 2016) [pdf, 65 KB]

   ...lawyers sent an authority to Mr [YB] seeking to uplift’ Ms [RI]’s file. Mr [YB] was instructed jointly by Ms [RI] and others. 2 [3] Mr [ZA] says that when a client provides a written authority to uplift their file from the client’s former lawyer, his chambers operate according to a two-stage policy (the policy). Step one of the policy, Mr [ZA] says, is to ask nicely. That involves a request of the former lawyer for the file, accompanied by a standard form of authority...

10. Fehling v Appleby (Bankruptcy) [2014] NZHRRT 17 [pdf, 42 KB]

    ...Member Dr SJ Hickey, Member REPRESENTATION: Mr FJ Fehling in person Mr MM Bell for defendant DATE OF DECISION: 1 May 2014 DECISION OF TRIBUNAL ON THE EFFECT OF MR APPLEBY’S BANKRUPTCY Background [1] Mr Fehling’s statement of claim was filed on 19 November 2012. The document is not a model of clarity and the pleadings are not entirely clear. It would appear, however, that two claims are advanced: [1.1] That Mr Appleby breached the Human Rights Act 1993 (HRA) in...