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1. Waitangi Tribunal - issue 46 of Te Manutukutuku [pdf, 2.9 MB]

   ...Director Fractionated Claims A s the demand for the resolutiou of claims through Treaty settlements increases, so too will the pressure on the Tribunal process increase. We have already seen an attempt to curtail the Tribunal process in the form of a Bill that proposes to stop the registration -of new c1aims and set a fi xed date for the completion of all claims. Although that draft Bill is unlikely to progress at this time, the pressure behind it will remain. Morris Love...

2. ABC v XYZ [2013] NZHRRT 25 [pdf, 117 KB]

   ...plaintiff elicit from the defendant a very helpful first draft of the letter of support, she proceeded to request amendments with a view to strengthening the terms of the defendant’s support for her. [64] Eighth, on the defendant providing the requested amended draft, the plaintiff asserts she did not use the reference “because amongst other things it was a dishonest account of our relationship”. We do not believe the plaintiff. Her response dated 2 February 2008 to the first dra...

3. Procter - Horowhenua 11 (2012) 293 Aotea MB 165 (293 AOT 165) [pdf, 160 KB]

   ...nominees [4] The 11 highest polling candidates submitted that they had the ability, experience and knowledge to fulfil the role of trustee and that they were fit and proper persons for appointment. A number also rejected criticisms of their past performance and claims of conflict of interest and argued that they had performed their duties diligently as trustees. [5] Several nominees also highlighted their professional background and credentials, underscoring the skills that they sa...

4. [2023] NZIACDT 20 - II v Sun - Sanctions (21 June 2023) [pdf, 132 KB]

   ...3,586.00 – lawyer for complaint 3,330.25 $10,256.25 Loss from sale of property $50,000.00 Psychological and emotional damage $189,000.00 $336,709.46 Interest 6,499.22 $343,208.68 5 [17] At the Tribunal’s request, the complainant sent evidence corroborating some of the expenses on 14 June 2023. From the adviser [18] Mr Sun, who declined to engage with the Tribunal until it issued the decision upholding the complaint, filed a statement of...

5. LCRO 001/2017 AB v AC [pdf, 253 KB]

   ...complained about Ms AE’s conduct in relation to an unresolved matter 2 concerning their daughter, who also attended the School, they asked Mr AB to assist them in relation to AD’s matter rather than approach Ms AE direct. [5] Mr and Mrs AC requested a meeting with Mr and Mrs AB on 29 March 2015. They agreed to Mr AB’s suggestion that matters discussed at the meeting be “off the record” and that any information imparted by Mrs AB be kept confidential. [6] Following t...

6. [2011] NZEmpC 20 Miller v Fonterra Co-operative Group Ltd [pdf, 81 KB]

   ...of Kiwi, the New Zealand Dairy Group and the NZ Dairy Board. [10] These allegations are all denied by the defendant. [11] It is common ground that on 16 October 2001 Kiwi, together with the NZ Dairy Group, amalgamated and the defendant was formed pursuant to the provisions of the Companies Act 1993 and the Dairy Industrial Restructuring Act 2001. The NZ Dairy Board became a subsidiary of the defendant. [12] It may be broadly stated that documents which the plaintiff now seeks...

7. TX v OI [2021] NZDT 1351 (19 April 2021) [pdf, 211 KB]

   ...provisions then reinforce the position of buyer beware in private sales, except in limited circumstances. 8. However, there is relief available for a buyer of a good in a private sale when a misrepresentation is made in the process of the contract being formed. Under section 35 of the CCLA when someone has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages as if the representation were a term of the contract that...

8. Wilton TRI-2021-100-002 Procedural Order 27 [pdf, 311 KB]

   ...proposed conferral. The first respondent had been taking active steps to prepare the Deane Fluit repair solution over 2022 and 2023. It did not make sense to exclude Mr Fluit from the list of experts to attend, given that Mr Fluit’s expertise formed a substantial part of the repair solution that was to be discussed. The work to the windows was a practical matter requiring his building expertise, rather than a technical or design issue. The claimants cannot now claim that it wa...

9. [2006] NZEmpC AC 53A/06 Graham v Crestline Pty Ltd [pdf, 26 KB]

   ...two-thirds but that the potential range, depending upon relevant circumstances might be in practice from 0 to 100 percent. [4] Crestline emphasises that whilst its legal costs are significant, so too were the litigation stakes. It says Mr Graham’s claims exceeded $480,000. The defendant says its solicitors had to file and serve an application for leave to file an amended statement of defence out of time; to file and serve an application and supporting affidavit to have Crestline...

10. [2014] NZEmpC 207 Canon New Zealand Ltd v Hutchison [pdf, 71 KB]

    ...the conclusion about notice of termination of Mr Hutchison’s employment. CNZL’s challenge was filed with the Court on 6 August 2014. [5] A Minute was then issued by the Court on 11 August 2014 as a result of the plaintiff’s statement of claim being unclear as to whether CNZL sought to challenge by hearing de novo or otherwise. That was because para 3 had indicated that the challenge related only to those parts of the Authority’s determination set out at [24]- [41] (inclusi...