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1. Buchanan - Riwaka-Matiu-Mātana Whanau Trust (2018) 50 Te Waipounamu MB 152 (50 TWP 152) [pdf, 253 KB]

   ...(Matthew) who suffered a disability. [2] Arrangements were made in 1999 that the family home at 147 Waikawa Road, Picton would be sold and the proceeds used to build a more suitable house for Agnes and Matthew. This meant that the property no longer formed part of Agnes’s estate. A bequest she had made that this property go to her son Pārua Riwaka (Pārua) was not able to be fulfilled. [3] Agnes died in 2002 and Matthew lived in the new house at Moana View Road until he die...

2. TD v KD [2024] NZDT 174 (11 April 2024) [pdf, 129 KB]

   ...any, between the parties regarding rent and is KD in breach of that agreement? 20. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. For a contract to be formed there needs to be an offer, an acceptance of that offer, an exchange of something of value, called consideration. There also needs to be certainty, in that all things that need to be agreed are agreed. 21. There was nothing put in...

3. Chung and Lok v Yap [2014] NZIACDT 66 (30 May 2014) [pdf, 149 KB]

   ...following grounds of complaint: [8.1] He breached clauses 2.1(b) and 3 of the Code in relation to staff management. [8.2] The adviser breached clause 1.1(a) of the Licensed Immigration Advisers Code of Conduct 2010 (the Code) in that he failed to perform his services with due care, diligence and professionalism. [9] The Registrar identified the material facts supporting the allegations in his statement of complaint. In essence, these were as follows: [9.1] The adviser has his practi...

4. Ween v Betty's Empire Ltd [2020] NZHRRT 48 [pdf, 212 KB]

   ...TRIBUNAL [2020] NZHRRT 48 I TE TARAIPIUNARA MANA TANGATA 2 [2] On the same day, a Betty’s Empire employee sent Ms Ween’s on-line order receipt to her employer. [3] Ms Ween complained to Betty’s Empire’s about its disclosure of her information to her employer. [4] Betty’s Empire concedes a breach of information privacy principle (IPP) 11. It says, however, that Ms Ween has failed to show any form of harm sufficient to indicate that her privacy has been interfered with...

5. Yandall v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 104 [pdf, 212 KB]

   ...power 5/5 both arms Shoulder – pain on active abduction above 30 degrees … IMP: ongoing shoulder pain? A rotator cuff injury? Subac Bursitis? Would benefit from steroid injection. [44] Apart from analgesia and physiotherapy, Dr Fuller re-requested an urgent ultrasound of the shoulder. He also noted: Requests assessment for personal cares support – action – struggles to dress/change clothes – explained I am unsure what support will/can be provided – that is depende...

6. Form 49 Children's Workers Exemption Appeals [pdf, 673 KB]

   Templates V12 – August 2017 page 1 08/17 form 49 Amendment to Grant Civil Legal Aid Fixed Fee/Fixed Fee Plus Children’s Workers Exemption Appeals Legal aid file no. Lead provider’s ref. Name of aided person Name of lead provider Name of law firm Applicable fee schedule(s) Amendment sought: To replace fixed fee (start at A below) For additional work required when fixed fee has already been claimed (start at A below)...

7. [2014] NZEmpC 64 Fox v Hereworth School Trust Board No 5 Interlocutory [pdf, 142 KB]

   ...respect of Mrs Fox. Counsel points out that Mr Thomas was not, at the relevant time, directly involved on the subcommittee that dealt with Mrs Fox although he was a Board member of the defendant throughout and was entitled to and did receive information and updates about what was going on. Counsel explains that despite the description of each of the documents contained in the defendant’s document list, the relevant content of each email is different because it contains, within t...

8. TX & UX v XC Ltd [2024] NZDT 440 (1 May 2024) [pdf, 232 KB]

   ...it enforceable? f. If there was no agreement about price, or if the agreement is unenforceable, what is a reasonable price for the work? Who are the parties to the contract? 7. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can only CI0301_CIV_DCDT_Order Page 2 of 6 be enforced against the parties to the contract, so it is important to dete...

9. Walker v Tonihi - Estate of Te Aokatoa Wirihana (2015) 43 Takitimu MB 31 (43 TKT 31) [pdf, 281 KB]

   ...At the hearing held regarding succession to Chrysler Wirihana, Ms Tonihi purported to succeed to Chrysler on the basis that she was a whāngai sister of Chrysler. This would suggest that the relationship was somewhat different to that now being claimed. That said, it is not uncommon for elder siblings, whāngai or otherwise, to be treated as a parent, especially where there is a significant age gap. It was not unusual where there were very large families for siblings with an age ga...

10. Wallis & Anor as Trustees of The Seaview Trust v Wet-Seal NZ Ltd [pdf, 117 KB]

    ...assessor found that the fall was not sufficient and not in accordance with the plans. 17. The consented drawings specified 1.5 mm Butynol or Dec-k-ing waterproof membrane on the balcony decks. 18. Mr. Searle made inquiries about both products and formed the view that the products were not suitable. He was particularly concerned that the effect of salt on these products could adversely affect their properties. He discussed the matter with the Kapiti Coast District Council. 19. Mr. Sea...