Search Results

1. Waitangi Tribunal - Wai 2200 2.5.77 Scoping report [pdf, 755 KB]

   ...included to ensure ‘a well-defined and inclusive Muaūpoko claimant definition.’ 38. In response to the complaint about the MTA voting procedure for those not registered with the MTA, counsel advised that a call number was provided in order to request a ballot paper which included a whakapapa form. In the Crown’s view, the simplest way to vote was to register with the MTA but the process for all others could not have been made simpler. Fifty-five valid votes were cast in this wa...

2. IL v BG [2023] NZDT 449 (18 August 2023) [pdf, 226 KB]

   ...an offer has been made on sufficiently certain terms by one party to another party; the other party has accepted those terms; there is consideration (an exchange of values); and the parties intend to create a legal relationship. A contract can be formal or informal and can be created in writing or orally, or partly in writing and partly oral. It is more difficult to prove the existence of an oral contract but, once proved, it is legally enforceable between the parties in the same way as a

3. BE & TE v NX [2024] NZDT 605 (16 September 2024) [pdf, 200 KB]

   ...half years ago. Accordingly, she submits that the claim cannot be brought against her. 7. While NXP’s services were contracted in November 2017, the act that has led to this claim has only occurred recently in March 2024. This was when NX informed the Applicants that she could no longer supply the fusion video. 8. The act of entering into the contract did not give rise to the cause of action but it was NXP’s inability to carry out the contract which has led to this claim. Thi...

4. Te Manutukutuku Issue 8 [pdf, 2.4 MB]

   ...Tribunal said it was important to remember that Ngai Tahu's major grievances were first made last century, but despite repeated approaches to successive governments the Crown failed to respond adequately. The long and complex nature of the claims is reflected in the size of the three-volume report, but the Tribunal stresses that no section should be taken in isolation and that the report needs to be examined in full to gain a proper perspective. The Ngai Tahu report is available...

5. Wai 3300, 2.6.011 Memorandum directions of Chief Judge Dr C L Fox following inquiry design judicial conference [pdf, 512 KB]

   ...claimants in their kōrero. Claim participation and eligibility 36. Crown counsel advised that the Crown had not yet conducted a thorough claim-by-claim analysis with respect to eligibility issues, in part to avoid an overly adversarial approach. Counsel requested the Tribunal and counsel to consider whether such a claim analysis was necessary or desirable at this stage, prior to the wānanga takiwā. 37. Several claimant counsel sought a further opportunity to file statements of claim for...

6. New fees framework for family legal aid providers - summary April 2012 [pdf, 925 KB]

   ...will assist in ensuring that sufficient legal aid providers continue to be available; The frequency of Additional Factors has increased as has the fixed fee level. We also take the view that an amendment to grant is a more suitable mechanism to request additional funding where applicable; Full fees are available for repeatable activities. Activities which attract reduced fees due to efficiencies have been scaled back to apply within a schedule as opposed to across the schedules. Th...

7. [2012] NZEmpC 156 Newick v Working In Ltd [pdf, 226 KB]

   ...Judgment: 7 September 2012 INTERLOCUTORY JUDGMENT OF JUDGE CHRISTINA INGLIS Introduction [1] The defendant (Working in Limited (WIL)) seeks orders striking out one of the plaintiff’s causes of action. 1 The cause of action relates to a claim of estoppel. The defendant submits that the claim is not within the Employment Court’s jurisdiction and is otherwise an abuse of process. The abuse of process argument is advanced on two grounds. Firstly, that the estoppel cl...

8. AEC Ltd v ZVS [2011] NZDT 299 (25 July 2011) [pdf, 59 KB]

   ...of Order: 25 July 2011 Referee: Referee Benson ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZVS is to pay $1,135.64 to AEC Ltd within ten days of the date of this order. Facts [1] AEC Ltd claimed $1,096.15 as the amount owing by ZVS from a foreign exchange contract. The issues of whether ZVS owed this money and how much she owed were determined on the evidence (balance of probabilities or what most likely happened) and the law...

9. AM v BN [2022] NZDT 176 (29 September 2022) [pdf, 103 KB]

   ...he says he did not sell the car to Mr AM. 2. When two people agree for one of them to sell a car and the other person agrees to buy that car, and the buyer pays for the car with either money or something of value eg a car swap, a contract is formed between the two parties. Section 135 of the Contract and Commercial Law Act 2017 (“CCLA”) provides that it is an implied condition of that contract that the seller has the right to sell that car. If the effect of a security interest...

10. CD v X Ltd [2024] NZDT 262 (26 March 2024) [pdf, 140 KB]

    ...reported that the owner of the car was not a bona fide customer of [shopping centre], and the car had been parked overnight. 14. WI said that request breaches are somewhat different to breaches issued for exceeding the time limits. She says on her information, CD had parked in breach of the terms and conditions of the car park and the initial breach notice was correct. 15. I do not accept that the initial breach notice correctly stated what terms and conditions CD had been in br...