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1. Shin and The v CAC 302 & Crawford [2016] NZREADT 55 [pdf, 105 KB]

   ...told this. It appears that this message may not have been conveyed to the vendor. [5] The other area of confusion was in the pre-contract disclosure statement that Ms Crawford was given a copy of. The vendor had not deleted (or completed) Clause 10.2 by striking out which one of the clauses was inaccurate. These clauses required the vendor to specify whether the apartment or apartment building had ever been or was currently the subject of a weathertightness claim or any proc...

2. Māori Trustee v Keech - Ngatitanewai 25B1 and Sub 25B No.2 (2010) 257 Aotea MB 42 (257 AOT 42) [pdf, 113 KB]

   ...the same whakapapa as other owners of Ngatitanewai 25 B1. [6] Ngatitanewai Sub 25B No 2 comprises 13.2939 hectares with 34 owners. Mr and Mrs Keech have no shares in this block. [7] The lease agreements for the two blocks included a number of clauses that are under contention in this application. In respect of fences, clause 4 of the leases state that “A fence must be erected between the two blocks of land on expiration of the leases.” Under clause 5, the lessees are requi...

3. Waaka v Harrison - Poike 14 (Waimapu Marae) (2015) 101 Waikato Maniapoto MB 216 (101 WMN 216) [pdf, 255 KB]

   ...hui held in September 2014; f) Whether Mr Carlo Harrison resigned at an AGM held in 2014; g) His knowledge of the marae charter and whether the resolution of this conflict should have been undertaken in accordance with a dispute resolution clause; and h) The operation of the Ngāti Ruahine Incorporated Society and whether or not the Incorporated Society was in fact acting as the de facto marae committee. [56] Following that Mr Waaka was then asked questions by Janice Harrison co...

4. [2022] NZEnvC 048 Grandview 2011 Limited v Dunedin City Council [pdf, 2.6 MB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MA TIER AND BETWEEN AND Decision No. [2022] NZEnvC 48 of the Resource Management Act 1991 an appeal under clause 14 of the First Schedule of the Act GRANDVIEW 2011 LIMITED (ENV-2018-CHC-225) Appellant DUNEDIN CITY COUNCIL Respondent Environment Judge P A Steven - sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 29 March 2022 CONSENT OR...

5. LCRO 68/2017 GM v BN (6 July 2017) [pdf, 219 KB]

   ...the agreement was at an end 2 due to the conditions not having been satisfied and requested the return of the deposit. CNT Trust disputed that ABC Limited was entitled to end the agreement and to the return of the deposit. The complaint [5] Mr GM lodged a complaint with the New Zealand Law Society Lawyers Complaints Service on 8 February 2017. The substance of Mr GM’s complaint was that: (a) Before ABC Limited paid the deposit of $20,000.00 to [Firm A], Mr BN, at Mr GM...

6. NZBORA-Advice-NZ-EU-FTA-Legislation-Bill-For-Publication.pdf [pdf, 294 KB]

   ...compliance with the NZ-EU FTA. These amendments include numerous provisions which prima facie engage the right to freedom of expression. These provisions can broadly be split into the following two categories: a. Requirement to provide information: Clause 84 of the Bill inserts a number of new sections into the Act that compel the provision of certain information and require record keeping. For example: i. New sections 85 and 87 enable enforcement officers to require information abou...

7. BORA Taxation (Annual Rates, GST, Trans-Tasman Imputation and Miscellaneous Provision) Bill [pdf, 49 KB]

   ...And Miscellaneous Provision) Bill: Consistency With The New Zealand Bill Of Rights Act 1990 INTRODUCTION 1. We have reviewed the Taxation (Annual Rates, GST, Trans-Tasman Imputation and Miscellaneous Provision) Bill ("the Bill") (PCO 5144/6) for consistency with the New Zealand Bill of Rights Act 1990 ("Bill of Rights Act"). We understand the Bill will be considered by Cabinet Legislation Committee at its meeting on Thursday, 19 June 2003. 2. The Bill contains a...

8. HA v CQ Ltd [2023] NZDT 626 (13 November 2023) [pdf, 225 KB]

   ...of the furniture and items that were removed from the apartment by the respondent. The applicant provided evidence before the second hearing that her losses in this regard were $2,467.00 which was the replacement value of the items, discounted by 50 per cent for fair wear and tear. 3. The issues to be determined by the Tribunal were: a. What were the respondent’s obligations under the agreement? b. Has the respondent breached the agreement by moving the applicant’s furniture?...

9. TQ & MQ v H Ltd [2024] NZDT 460 (19 June 2024) [pdf, 133 KB]

   ...price contract as agreed by the parties”. This is reinforced in Part 6(d) which states “Contract price – fixed price contract as agreed by the parties”. All references in the contract to charge up and increasing costs have been deleted (part 6, clause 22 and 46). 11. Point 54 in Part 2 of the contract states H Ltd is responsible for obtaining the Code of Compliance. It is agreed a Code of Compliance will not be granted if the Development Contribution has not been paid. Building...

10. [2017] NZEmpC 99 The NZ King Salmon Co Ltd v Slotemaker [pdf, 150 KB]

    ...leave and Mr Slotemaker could not obtain advice from him. Ms Thomas dealt with this situation pragmatically by confirming that the version of the agreement on which King Salmon would rely was the one returned on 10 December 2015, but with the clause added by Mr Slotemaker “remaining under review”. That expression was not elaborated on but was probably intended to provide an opportunity to revisit this clause in the future. The agreement was never reconsidered. [22] Mr Sl...