Search Results

1. McGuire - Mangaheia 1B2A5B (2024) 126 Tairāwhiti MB 209 (126 TRW 209) [pdf, 226 KB]

   ...Whānau Trust and vested pursuant to ss 244 and 220 of Te Ture Whenua Māori Act 1993 (the Act). The grounds for the application were as follows: (a) This land was omitted from the original search data presented to the Court. (b) In terms of clause 4 of the will of the late Atarea Mokai Noanoa all interests and shares in general land, Māori land and Māori incorporations were to be all inclusive upon transfer from the estate. (c) I am co-executor of the will with Valerie A...

2. EG & EGE v UT & UTU [2016] NZDT 949 (21 April 2016) [pdf, 81 KB]

   ...that time and the neighbour has at no time told them of any excess discharge onto his property. [7] If the sale and purchase agreement between the applicants and the respondents had included the standard vendor’s warranties (at clause 6.2(5)), this dispute would turn on whether or not the work done in the mid-1970s was lawful and compliant at that time. However, that clause was deleted by agreement of the parties in this case and therefore that question is not relev...

3. Matamata Piako District Council.pdf [pdf, 101 KB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of an appeal pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 against the decision of the Waikato Regional Council on Proposed Plan Change 1 to the Waikato Regional Plan BETWEEN OJI FIBRE SOLUTIONS (NZ) LIMITED Appellant (ENV-2020...

4. [2021] NZEnvC 170 Minister of Conservation v Northland Regional Council [pdf, 399 KB]

   Minister of Conservation v Northland Regional Council (Topic 5 – Water Quality) IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 170 IN THE MATTER OF an appeal under Clause 14 of Schedule 1 of the Resource Management Act 1991 (the Act) and Topic 5 (Water Quality) of the Proposed Northland Regional Plan BETWEEN MINISTER OF CONSERVATION (ENV-2019-AKL-122) AND ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW Z...

5. KD v QM [2023] NZDT 507 (9 October 2023) [pdf, 209 KB]

   ...found that the company was liable for the costs KD incurred. CI0301_CIV_DCDT_Order Page 2 of 3 7. KD considered QM was personally liable because of an agreement between B Ltd and U Ltd when it purchased the business on 21 June 2017. Clause 7 of that agreement provided: “Vendors ongoing liability to customers The vendor accepts ALL ongoing liability for products, services and workmanship (sold to customers of the business prior to the settlement and possession of th...

6. SU v F Ltd [2023] NZDT 266 (25 May 2023) [pdf, 108 KB]

   ...space (and not removing the car after a brief opportunity to read the terms and conditions) signifies acceptance of a contract on those terms. I conclude that there was a contract between SU and F Ltd, F Ltd’s full legal name having been given in clause 15 of the terms and conditions as the entity payable under the contract. 5. The signs clearly and conspicuously announced a parking limit of 120 minutes. SU said that he did not see a parking ticket on his car. However, F Ltd provided ph...

7. SO v GU [2023] NZDT 326 (26 May 2023) [pdf, 156 KB]

   ...was no longer available, and SO claims the sum of $3,408.00 being the cost to have a new heat pump installed. She also claims costs to file this claim (process server costs and the Tribunal application fee). 3. SO claims that GU is in breach of clause 7.3 of the sale and purchase agreement. 4. The issues to be decided are as follows: (i) Is GU in breach of clause 7.3 of the sale and purchase agreement? (ii) If yes, what is the appropriate compensation? (iii) Is SO entitled to...

8. C Ltd v HL [2025] NZDT 61 (12 February 2025) [pdf, 97 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2025] NZDT 61 APPLICANT C Ltd RESPONDENT HL The Tribunal orders: HL is to pay C Ltd $21,337.57 by 24 March 2025. Reasons 1. I phoned HL 3 times but her phone went to answerphone. I left a message on the first call. Hearings can proceed and be determined in the absence of a party. 2. HL entered into a sole agency agreement with C Ltd’s bra

9. IN & KT v D Ltd [2023] NZDT 737 (20 December 2023) [pdf, 188 KB]

   ...good faith in offering to accept a price variation, if no further increases followed, however, this was not accepted. Mr A said it was not something they could promises given the current climate. 13. I find that the contract's termination clauses allow cancellation only for default by one party (clauses 43-47). That high bar is not met here. Both parties appear to have acted in good faith under difficult circumstances. 14. Further, I am not persuaded that clause 9's for...

10. BORA Employment Standards Legislation Bill [pdf, 233 KB]

    Employment Standards Legislation Bill 15 July 2015 Hon Christopher Finlayson QC, Attorney-General Consistency with New Zealand Bill of Rights Act 1990: Employment Standards Legislation Bill Purpose 1. We have considered whether the Employment Standards Legislation Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). In preparing this advice we have not seen a copy of the final Bill, and