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1. Rua - Section 47, 49, 50, 51, 52, 172 Patetere North East Survey District (2001) 76 Ōpōtiki MB 210 (76 OPO 210) [pdf, 274 KB]

   ...General Land. On the same day the Court vested the Blocks in the following Trustees: Paratene Paora Hone Hiki Waititi Joseph Rua Paul Swinton (Jrn) Raymond Nama Bert Matchitl Haki Matchitt The Objects of Te Arawhata Trust are set out in Clause 2 of the Trust Order dated 2 June 1998 (72 Opotiki MB 108-112) and are as follows: Except as hereinafter may be limited the objects of the Trust shall be to provide for the use, management and alienation of the land to best advantage...

2. D Ltd v B Ltd [2021] NZHC 1600 (24 June 2021) [pdf, 230 KB]

   ...4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1600 APPLICANT D Ltd RESPONDENT B Ltd The Tribunal orders: B Ltd is to pay D Ltd the sum of $8,072.15 on or before 5pm on 9 July 2021. Reasons 1. On 1 November 2017 the parties executed a Sale and Purchase agreement. A further term of that agreement required a retainer of $20,000.00 be held in the B Ltd (B) lawyers trust account for two y...

3. CN v C Ltd [2022] NZDT 57 (18 February 2022) [pdf, 146 KB]

   ...a reasonable and properly informed third party would consider the parties intended the words of their contract to mean, taking into account the “factual matrix” surrounding the contract. It is a well-established principle of law that exclusion clauses are interpreted strictly, and any ambiguity is resolved against the party who seeks to rely on the exclusion of liability. However, the courts have cautioned against adopting a strained or hostile interpretation. 7. My initial view was...

4. NE & HE v S Ltd [2023] NZDT 154 (1 May 2023) [pdf, 102 KB]

   ...than one month late. As the contract was not signed until 16 May, that month had not passed by the date the respondent cancelled, on 1 June. However, the contract also stated that all conditions in the quote formed special conditions of the contract (clause 3). The quote provided that the deposit had to be paid to secure the price (“20% deposit required to secure quote”). Whilst there is an arguable inconsistency between the contract and the quote, the quote terms were elevated to spec...

5. BL v K Ltd [2023] NZDT 176 (1 June 2023) [pdf, 193 KB]

   ...by. It involves an exchange of promises and becomes binding when both parties agree on clear and certain terms. BL claims that K Ltd has breached the contract by failing to pay him a commission for the N client. 6. BL points to the 2nd Schedule, clause 7 which states: The ‘owner’ of the client or potential client will be the contractor/[consultant] who initially enters their details into the [redacted] system. If a client or potential client has had no activity on [system] for 30...

6. [2006] NZEmpC WC 23/06 Spotless Services (NZ) Ltd v Morrison [pdf, 81 KB]

   ...that the operation had been successful, that she would be fit for work on 17 October 2005 and required leave without pay until then. That leave was again refused. Spotless treated her absence as unauthorised and invoked the abandonment clause of her individual employment agreement to terminate her employment. Employment Relations Authority determination [4] The Authority held that this was a dreadful dismissal and not an abandonment of employment. It found that: ...

7. [2024] NZSAAA 2 (20 September 2024) [pdf, 413 KB]

   ...grounds to suspect the personal income exceeded the applicable income limit [14] The Appellant’s Student Allowance was a “basic grant” for the purposes of the Regulations.3 An income limit of $240.70 per week (the income limit) applied. Under clause 3(5) of schedule 2 to the Regulations, if the Appellant’s personal income (excluding the Student Allowance) exceeded $240.70 for any week, the value of the Student Allowance for the week was to be reduced by an amount equalling...

8. 31 May- 4 June- MD- Water Conservation Order [pdf, 1.6 MB]

   ...just work through that from the start. 15 THE COURT: JUDGE DICKEY Q. You mean the December? A. The one that we handed up this morning. Q. The one that came up this morning? 20 A. Which is the same, essentially, except for that amendment to clause 12.2. Q. All right. MR ANDERSON REFERS TO DRAFT ORDER “The documents starts...the damming definition.” 25 THE COURT: JUDGE DICKEY Q. So just, and sorry to interrupt you, just to be clear, this is a strike-out and...

9. Waikato Bay of Plenty Standards Committee 1 v Campion [2019] NZLCDT 20 [pdf, 582 KB]

   ...each other during their respective lifetimes and on the last of them to die, they wanted the assets of the trust to be divided between their respective children. [53] The original trustees of the trust were Mr R, Mrs R and the practitioner. [54] Clause 1.1 of the trust deed defines the Appointors as Mr R and Mrs R. They each had a right to appoint one trustee (clause 13.1). Clause 13.1(c) provided that each of the appointors could in their will nominate a person to exercise the po...

10. Complaints Assessment Committee (CAC 408) v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 24 [pdf, 311 KB]

    ...was supervising Mr Schembri. Mr Kearins was employed as the ‘eligible officer’ by Mr Lupi’s firm to comply with the provisions of the Real Estate Agents Act 2008 and who was thus responsible for the supervision of Mr Schembri in terms of s. 50 of the Real Estate Agents Act 2008. [2] Following a complaint by Ms C (Complainant) the Complaints Assessment Committee 408 (Committee) charged the defendants Nicholas Schembri, Joseph Lupi and Timothy Kearins as follows: Charge 1 –...