Search Results

1. Tane-Stockler - Estate of Tanetinorau Opataia (2003) 122 Otorohanga MB 3 (122 OT 3) [pdf, 728 KB]

   ...whenua trust. Section 215(8)/93 states that an ahu whenua trust shall not affect any persons[sic] entitlement to succeed to any beneficial interest in any land vested in trustees for the purposes of a trust. Therefore, it is clear that the formation of this trust, which is still in force for Hauturu East 8, does not affect a person's entitlement to succeed. Accordingly, we are of the clear view that succession can take place in respect to Hauturu East 8 Block and as a c...

2. AODT Court Operational Policy 2024 v3.02.pdf [pdf, 309 KB]

   ...Treatment Court (AODT) Legal Aid Services Operational policy July 2025 2 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully ex...

3. [2022] NZEmpC 218 New Zealand Nurses Organisation v Te Whatu Ora Health New Zealand [pdf, 326 KB]

   ...privilege and the requirement to avoid disclosure processes which are oppressive, self-serving and wasteful). [72] This resulted in a challenge being brought. Health NZ now seeks orders that the objection is ill-founded and directing that the requested categories of documents be disclosed to the defendant. [73] That said, Health NZ acknowledges: a. The orders sought are not currently necessary against the third and fourth plaintiffs, on the basis that all relevant documents...

4. AB Ltd v ZY [2014] NZDT 589 (4 March 2014) [pdf, 33 KB]

   ...Notice to be given to debtor and guarantor after taking possession of consumer goods A creditor must serve a post-possession notice on the debtor, and on every guarantor of the debtor, within 21 days of taking possession of consumer goods. 21 Form of post-possession notice Every post-possession notice must be in writing in the form set out in Schedule 2. [9] These sections aim to ensure that the debtor is advised of a number of important rights and to give it an opportunity to retr...

5. K Ltd v AI & OL [2024] NZDT 250 (28 March 2024) [pdf, 144 KB]

   ...support their contention that they have overpaid K Ltd. I agree with them that K Ltd’s method of accounting used during the project is somewhat difficult to follow, and unclear at first glance. 8. However, having worked through K Ltd’s cost information/documents at the hearing, I find that K Ltd’s final claim does incorporate all adjustments to the first proposed price, including all reductions in scope and all variations added and credits given during the course of the project....

6. LCRO 74/2018 PG v EJ (29 November 2019) [pdf, 149 KB]

   ...(undated), and as a debit entry on the firm’s Statement of Account dated 12 December 2016. [12] Ms PG also queried the then value of Ms EJ’s work in progress of $16,480 shown on the firm’s Statement of Account dated 31 March 2017. [13] She requested copies of invoices issued by Ms EJ to Mrs SC, and to Mrs SC’s estate together with Ms EJ’s charge (time) sheets, an itemised breakdown of Ms EJ’s fees into six minute units (including the number of units charged) identifying...

7. NQ v OW Ltd [2021] NZDT 1604 (28 June 2021) [pdf, 237 KB]

   ...reasons, NQ is not entitled to any of the further amount sought by her. 43. OW Ltd is to pay to NQ the sum of $1,000.00 on or before 19 July 2021. Referee: P Byrne Date: 28 June 2021 Page 5 of 5 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 rehe...

8. [2024] NZEmpC 219 Oliver v Biggs [pdf, 228 KB]

   ...JUDGMENT OF JUDGE B A CORKILL (Application for leave to file amended pleadings) Introduction [1] This judgment determines whether leave to file an amended statement of claim should be granted. The proceeding relates to sanctions sought by a former employee against a director of a former employer. It is the fourth of several proceedings in this Court where compliance difficulties have arisen.1 1 Oliver v Star Moving Ltd [2016] NZERA Christchurch 70. [2] The state...

9. XD Ltd v QC [2023] NZDT 607 (7 November 2023) [pdf, 256 KB]

   ...QC’s suffering was as much a result of his own actions, as it was of XD Ltd’s actions. Therefore, no award of general damages will be made. Referee: C D Boys Date: 7 November 2023 Page 8 of 8 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...

10. Partridge & Anor as Trustees for the Partridge Family Trust v McClune [pdf, 110 KB]

    ...7. Given the nature of the applications and the key jurisdictional issues involved, the parties were given an option of requesting a hearing to deal with the removal applications should they believe it be appropriate. Two of the respondents requested a hearing and accordingly a hearing convened in Tauranga on Tuesday 7th August 2007. 8. I will deal first with the application for removal based on section 393(2) of the Building Act 2004. In this regard I would...