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1. Mcleod - Part Harataunga 2B2 (2001) 103 Hauraki MB 117 (103 H 117) [pdf, 250 KB]

   ...said George W. Potae Limited shall not be liable to payor contribute to the erection or maintenance of any fencing along any boundary of this right of way nor the formation or maintenance of the surface of same. (d) That in the event of a properly formed road being constructed over Part Harataunga 2B2 Block or any other property in Kennedy Bay giving the public access to the foreshore then the right of way shall be cancelled. SCHEDULE Firstly, all that piece of land containing 2.105...

2. [2012] NZEmpC 29 Tourism Holdings Limited (trading as CI Munro) v Charlesworth [pdf, 138 KB]

   ...only in exceptional circumstances should the effect of a Calderbank offer be extinguished by a claim of undue hardship by an unsuccessful applicant and that the proof of such hardship should be comprehensive and convincing. [13] The plaintiff claimed that the defendant had not established that his financial circumstances were such that he could not meet an increased award of costs without undue hardship and it should therefore be presumed that he could meet enhanced costs as a r...

3. [2022] NZACC 012 - LB v Accident Compensation Corporation (Mental Injury) [pdf, 233 KB]

   ...Respondent Hearing: On the papers Held at: Auckland/Tāmaki Makaurau Appearances: J Grove for the appellant F Becroft for the Accident Compensation Corporation Judgment: 26 January 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for mental injury caused by certain criminal acts, and assessment for an independence allowance ss 21 and 377(2) Accident Compensation Act 2001] Introduction [1] This is an appeal from two decisions of Reviewers. In the decisi...

4. Te Manutukutuku Issue 38 [pdf, 5.7 MB]

   ...ten years as chairman of the Abortion Supervisory Committee, Indecent Publications Tribunal from 1977-79. Staff member performs • In Greece Waitangi Tribunal staff mem­ ber Niwa Short has recently returned from a four week tOUl' per­ forming overseas with the Maraeroa Cultural Club. The tOUl'ing party represented Aotearoa at the invita­ tion of the CIOFF, a world-wide cul­ tural organisation based mainly in Europe. In July this year, Maraeroa club atended festivals...

5. Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation (2014) 325 Aotea MB 42 (325 AOT 42) [pdf, 229 KB]

   ...are, for the most part, inaccurate and are not supported by the evidence. [4] The committee also says that these proceedings are an attempt by the applicant to re- open settled personal grievance litigation involving her husband, Mr Floyd, the former farm manager for the incorporation. The proceedings, they say, have therefore caused unnecessary legal costs for the incorporation shareholders, have consumed the time of the committee and its advisers, and have distracted the committ...

6. International Covenant on Civil and Political Rights - 5th report [pdf, 386 KB]

   ...CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT Fifth periodic reports of States parties NEW ZEALAND∗ [24 December 2007] ∗ In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services. CCPR/C/NZL/5 page 2 CONTENTS Paragraphs Page Intr...

7. TO v QJ Ltd [2018] NZDT 1476 (10 May 2018) [pdf, 188 KB]

   ...are guaranteed to be reasonably fit for any particular purpose for which the supplier represents that they are fit. Under CGA s 9, goods supplied by description are guaranteed to correspond with the description. 7. Mr Q admitted that the wrong information had been provided for the battery, and that it was not a deep cycle battery. I therefore find that the battery failed to correspond with its description. 8. I also find that the battery was not acceptably durable or fit for the purpos...

8. LE v ON [2021] NZDT 1691 (20 December 2021) [pdf, 221 KB]

   ...of the multiple versions of events) that the couple simply kept it for themselves, which has caused quite some bad blood between the parties. 12. This led to the involvement of a police officer and in an email to LE, he wrote “based on the information you have received and my conversation with your neighbours, in short the female party has obviously accepted the courier package, however after discovering it wasn’t meant for them, the female’s partner has come home and been inform...

9. CC Ltd v SH [2020] NZDT 1548 (3 August 2020) [pdf, 99 KB]

   ...sum, if any, is payable between the parties? Was the capping layer constructed to an acceptable standard? 4. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. In this instance, the parties formed a verbal contract. While no particular standard of work was specified, I find that it was an implied term that the work would be done to a reasonable...

10. HZ v X Ltd [2023] NZDT 21 (14 March 2023) [pdf, 184 KB]

    ...a charge up rate of $65.00 per hour and the price charged by X LTD was reasonable. Therefore, HZ is ordered to pay the full amount of the X LTD invoice. Referee: Sara Grayson Date: 14 March 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...