Search Results

1. Trustees of the Maungatautari 4G Section IV Trust v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV [2015] Māori Appellate Court MB 634 (2015 APPEAL 634) [pdf, 314 KB]

   ...confirmed that the parties had had sufficient opportunity to resolve all matters but that had not been achieved. The parties were directed to file submissions with a view to the hearing being held on 20 May 2015. 9 Before then the appellants requested an adjournment to allow the parties to once again attempt to resolve matters by agreement. The adjournment was granted and the appeal was subsequently set down in August 2015. 10 [39] At the hearing held on 12 August 2015, couns...

2. [2021] NZEmpC 77 Fleming v Attorney-General [pdf, 446 KB]

   ...agreed in cross-examination that this was a clear statement about what was required if someone was going to care for Justin. Once a NASC assessment has been completed, a host provider becomes involved. The host is responsible for providing information to the disabled person, including advice about setting up the arrangement, which includes preparation of an individual service plan. The plan sets out each of the tasks associated with the disabled person’s disability in relation...

3. Recorded Music NZ Limited v Telecom NZ 6806 [2014] NZCOP 4 [pdf, 111 KB]

   ...infringements: $7.17 (d) Any other amount claimed: $750.00 [16] The Tribunal issued a notice of proceeding on 22 July 2014 giving the Respondent 10 working days (until 5 August 2014) to respond. No response was received. [17] Neither party has requested a hearing and the Tribunal does not consider one should be held. The application is therefore being determined on the papers pursuant to s122L of the Act. The enforcement notice [18] The Applicant notes that in decisions...

4. Teina Pora compensation claim innocence report [pdf, 9 MB]

   ...liked him. Aunty Terry had suggested to her that she make up a story that would blame Teina for the murder and "have him put away". She said she and her aunt together with another aunt, Vicki Pora, sat down and made up a story using information from the newspaper. Another aunt, Mihi Tuhua, was also part of the plan . Paula said she had talked to Teina about the murder in general conversation but he had never admitted to "doing it". She said the parts of her earlier...

5. Morrell v Wairoa-Waikaremoana Māori Trust Board - Lake Waikaremoana [2017] Chief Judge's MB 342 (2017 CJ 342) [pdf, 355 KB]

   ...submissions in response on 7 July 2016. Preliminary matters Application by Mr Harman to file further submissions [14] Following the hearing and the filing of additional submissions Mr Harman filed further submissions on 14 September 2016. I requested that Mr Harman provide a memorandum as to why these further submissions should be allowed given closings had been made and additional submissions had already been received. [15] Ms Zwaan did not make any submissions on this issue. M...

6. OC v NQ [2023] NZDT 767 (20 December 2023) [pdf, 187 KB]

   ...21. I have determined that NQ was a motor vehicle trader and there must comply with the guarantees under the CGA. However even assuming he wasn’t a motor vehicle trader my comments below are relevant. 22. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. This implies that the buyer must be cautious, as the r...

7. [2011] NZEmpC 96 Snowdon v Radio New Zealand Ltd [pdf, 177 KB]

   ...exchange of evidence. I set out an agreed timetable for the filing and service of that evidence and directed that a four week hearing commence at 9.30am on Monday 1 August 2011 in Wellington. [17] On 25 March 2011, counsel for the plaintiff requested an additional 20 working days for the filing of the plaintiff’s evidence. Counsel for the defendant, in response, expressed concern at the delays but sought an amended timetable for the filing of the defendant’s briefs of eviden...

8. O’Rourke v Accident Compensation Corporation [2024] NZACC 166 (22 October 2024) [pdf, 279 KB]

   ...advised her to reduce her caffeine to not more than one cup of coffee and one cup of tea per day, and to not drink any caffeine after lunch. o I asked her to read my sleep hygiene advice. o I encouraged her to continue with her current exercises, informing her that moderate aerobic exercise is helpful in preventing headaches. [6] On 20 September 2022, Ms O’Rourke saw Dr Pieter Buisman, GP, who noted as follows: Here because neurologist said all her symptoms could have been cau...

9. Houghton v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 57 [pdf, 361 KB]

   ...decide what weight or importance I put on any evidence, or on different parts of the evidence. [11] Mr Houghton suffered a car accident on 14 December 2011 sustaining serious injuries. He is tetraplegic and wheelchair bound as a result. [12] A claim form was completed by an ambulance paramedic on Mr Houghton's behalf on 14 December 2011, the day of the accident. In relation to "Occupation", the box "I am not in paid employment" was ticked. No boxes relating to...

10. Schiller-Cooper v Lozano [2013] NZIACDT 1 (08 January 2013) [pdf, 233 KB]

    ...parents of persons living permanently in New Zealand. [5] Ms Lozano was not aware of this class of visa and failed to provide the appropriate advice. Ms Schiller-Cooper did her own research, ascertained this was the best solution, and completed the forms to apply for such a visa herself, on her mother’s behalf. Ms Lozano still did not understand the relevant policy. [6] Ms Schiller-Cooper complained to Ms Lozano regarding her failure to give appropriate advice. Ms Lozano wrote a lett...