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  1. D Ltd v QT Ltd [2021] NZDT 1468 (21 January 2021) [pdf, 234 KB]

    ...denies telling Mr N that there is no need for him to get his own asbestos report or that he had the report and would give Mr N a copy. He said that he did not get a copy of the report until 12 September, when QT Ltd forwarded to him (on Mr O’s request) the copy that NQ had emailed to QT Ltd at 12.42pm on 11 September 2017. He denied knowing that it was limited test and report and not sufficient for demolition purposes. 17. I prefer Mr O’s evidence in this regard over the eviden...

  2. IHC New Zealand v Attorney-General (Strike-Out Application) [2020] NZHRRT 47 [pdf, 248 KB]

    ...complaint to be progressed further. It is the Commission's role to seek to mediate fair and effective resolution of complaints at the earliest opportunity. Its dispute resolution process is focused on mediation: it has no investigation or opinion-forming role in considering complaints of unlawful discrimination. The process is flexible and confidential to the parties involved. Should resolution not be achieved, or at any time during the mediation process, a party to the complaint co...

  3. Sax v Commissioner of Police (Strike-Out – Privacy) [2022] NZHRRT 34 [pdf, 247 KB]

    ...force at the time the actions subject to this claim were taken. BACKGROUND Filing of claim and response [8] The alleged privacy breaches largely relate to actions by Police in 2011 and the earlier part of 2012. Ms Sax complains that personal information held by Police was inaccurate and that the failure of Police to correct that information and to publish it breached Information Privacy Principles (IPPs) 2 to 11. [9] The Office of the Privacy Commissioner (OPC) investigated a s...

  4. Starting a proceeding in the District Court

    ...documents to apply for a variation or discharge of a Restraining Order: Application to vary/discharge a Restraining Order Affidavit Notice of proceeding If you want your address to be kept private, you should also file a notice of residential address and request for confidentiality Fees There are no fees for applying for a Restraining Order. Also see: Requirements for filing documents Where to file documents Serving documents Back to top Interlocutory application – applying for directions o...

  5. [2017] NZEmpC 12 Stormont v Peddle Thorp Aitken Ltd [pdf, 193 KB]

    ...extend the time to file a reply? 1 Stormont v Peddle Thorp Aitken Ltd [2016] NZERA Auckland 28. Analysis [5] Section 237 of the Act provides that regulations may be made prescribing forms for the purposes of the Act and prescribing the procedure in relation to the conduct of matters before the Court. 2 Regulation 6 of the Regulations requires that the Court must dispose of any matter coming before it “as nearly as ma...

  6. Baker TRI-2023-100-006 Procedural Order 4 [pdf, 185 KB]

    ...it. [15] The second respondent’s report contained various contractual exclusions. [16] The scope of the report is set out in the heading “Scope” contained in the report itself. That description notes that the inspection type is as requested by the client. The front page of the report records the inspection type as: “Pre-Purchase Infrared Moisture Inspection” [17] The report does set out its findings of moisture detection work taken in the interior of the proper...

  7. QN Ltd v SL [2020] NZDT 1337 (5 March 2020) [pdf, 205 KB]

    ...contractual obligation to repay Q any legal fees? b. If not, has Mr L obtained a payment of legal fees for which it would be unjust to retain? Did Mr L have a contractual obligation to repay Q any legal fees? 3. Parties to a contract need to perform their respective obligations. If they do not they will be in breach of the contract and required to compensate the innocent party for foreseeable losses caused. 4. Q has explained that it was an implied term of the contract with Mr L...

  8. Form 27A Fixed Fees J [pdf, 292 KB]

    Templates V15 – July 2018 page 1 07/18 form 27a Legal aid file no. Tax Invoice Criminal Legal Aid Fixed Fees Schedule J Invoice date Invoice number GST number Lead provider’s ref. Charges/CRNs To: Legal Aid, DX Box Number City Name of aided person Name of lead provider Name of law firm Provider number Firm number Court type High Court Court of Appeal Parole Board Court location Details of cla...

  9. Edwards – Whakatōhea (2018) 183 Waiariki MB 169-194 (183 WAR 169) [pdf, 534 KB]

    ...Legislative provisions [29] Section 30 of the Act as originally enacted provided: 30 Power of Maori Land Court to give advice or make determination as to representatives of class or group of Maori- (1) The Maori Land Court may- (a) At the request of any court, commission, or tribunal, supply advice, in relation to any proceedings before that court, commission, or tribunal, as to the persons who, for the purposes of those proceedings, are the most appropriate representatives...

  10. IN v SU [2021] NZDT 1652 (12 July 2021) [pdf, 161 KB]

    ...SU said he would get a warrant of fitness and if the car did not pass, he would either lower the price or repair it and deliver it to IN the following week. The parties agreed IN could either pay in cash or by bank transfer. 14. Based on the information before me I find there was a clear offer and agreed terms. This element of the contract is met. If there was an offer, was there any acceptance? 15. The terms of any acceptance must be clear. 16. Based on the evidence before...