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1. SS & YO v SR [2024] 36 (29 February 2024) [pdf, 196 KB]

   ...pump in breach of the Vendor warranties? 16. I am satisfied that the applicant has proved that the pump was in breach of the Vendor Warranties. 17. When the parties signed the standard Sale and Purchase Agreement for the property in 2021, Clause 7.3 of the Sale and Purchase Agreement provided warranties. Clause 7.3 provided that the Vendor warranted and undertook at settlement that all plant, equipment, systems or devices which provide any services or amenities to the property are...

2. [2023] NZEnvC 197 HPC Plumbing & Gas Lmited v Auckland Council [pdf, 265 KB]

   ...twice a week. This is a minimal level of activity, far less than what is permitted under the Home Occupation rules. Ms Carruthers submits the Council’s position was nonsensical. Ms Carruthers further submits that, of the factors set out in Clause 10.7(j) of the Practice Note 2023: 3 (a) the Council’s position that the activity was a commercial business activity triggering non-complying activity status was without substance; (b) the Council conducted itself in a wa...

3. Andrew Michael Collins - Evidence in Chief [pdf, 1.4 MB]

   In the Environment Court Auckland Registry [ENV 2016 348 000040] In the matter Between And And And And of appeals under Clause 14 of the First Schedule of the Resource Management ~ct 1991 Motiti Rohe Moana Trust Appellant · rnV- 2015-AKL-000134 · - Ngati Makino Heritage Trust Appellant ENV-2015-AKL-000140 Ngati Ranginui lwi Incorporated Society Appellant ENV-2015-AKL-000141 Bay of Plenty Regional Council Respondent Motiti Avocados Limited Section 274...

4. ENV-2016-AKL-000274 Rockfield Trust v KiwiRail Holdings Limited [pdf, 15 MB]

   ...Designations and a late submission made by the Respondent on or about 2 November 2015 seeking the inclusion of additional land to the rollover of legacy designation G12-07 that the Respondent claimed it had omitted to include when it gave notice under Clause 4, Schedule 1 to the Act prior to the notification of PAUP (Late Designation). 9. The Late Designation sought to designate part of the Appellant's land for "railway purposes". With the leave of the IHP, the Appellant...

5. Waitangi Tribunal theme I - Māori and rating law [pdf, 549 KB]

   ...i MAORI AND RATING LAW TOM BENNION July 1997 Firs t Release WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other Rangahaua Whanui reports District reports District 1: Auckland (pt i) R Daamen, P Hamer, and Dr B Rigby; (pt ii) M Belgrave District 5b: Gisborne, S Daly District 7: The Volcanic Plateau, B Bargh District 8: The Alienation of Maori Land in the Rohe Potae, C Marr District 9: The Whanganui District, S Cross and B Bargh District 11a: Wairarapa, P Goldsmith District 11b: Hawke’s B...

6. [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [pdf, 435 KB]

   BLUE WATER HOTEL LIMITED v VBS NZEmpC WELLINGTON [2018] NZEmpC 128 [7 November 2018] IN THE EMPLOYMENT COURT WELLINGTON [2018] NZEmpC 128 EMPC 57/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN BLUE WATER HOTEL LIMITED Plaintiff AND VBS Defendant Hearing: 30 August 2018 (heard at Wellington) Court: Appearances: Chief Judge Christina Inglis Judge B A Cork

7. Forrest v Kamara Developments Ltd [2010] NZWHT Auckland 28 [pdf, 146 KB]

   ...Welsh, claimant Ms Ann Rollinson, fourth respondent and principal of first respondent Mr Hamish Frost, tenth respondent Mr Malcolm McCluskey, officer for second respondent Mr Tim Rudolph, fourth respondent Mr Louis Rudolph Decision: 5 October 2010 FINAL DETERMINATION Adjudicator: K D Kilgour Page | 3 CONTENTS INTRODUCTION ........................................................................................... 3 FACTUAL BACKGROUND AND CLAIM ...........

8. Marsh - Part Mohinui Pt Lot 22 DP 9584 and Part Mohinui No.1 Block (2011) 22 Taitokerau MB 201 (22 TTK 201) [pdf, 112 KB]

   ...Marsh? [8] The extent of trustees’ powers are governed by the trust order, the Act and the general law. Although the trust order does not expressly permit the sale of assets such as the house, neither does it prohibit it: the prohibition in clause I is against the gifting or sale of the land itself. [9] In Karena – Owhaoko C1, C2, C4, C5 and C7 1 and Joe – Tataraakina C Trust 2 the Māori Appellate Court confirmed that specific powers in trust orders are to be read as an...

9. BK v N Ltd [2023] NZDT 561 (14 November 2023) [pdf, 180 KB]

   ...Ltd refunded $2,850.00, but BK seeks a further $407.14, together with compensation for “time, hassle and inconvenience”, bringing her total claim to $1,000.00. 2. The issue to be determined is whether BK is entitled to any further refund under clause 2.2 of the contract, which provides: “I accept once a deposit or payment is made on a program any money paid is nonrefundable unless severe injury or illness happens. Certified medical proof from a practitioner must be presented and...

10. BI Ltd v NS [2023] NZDT 87 (13 March 2023) [pdf, 204 KB]

    ...The Tribunal orders: NS is to pay to BI Ltd the sum of $1,170.00 on or before 3 April 2023. Reasons: 1. BI Ltd operate accommodation in [Town] known as the HB. 2. In December 2022, NS made a booking for a 2-bedroomed apartment from 15th to 19th January 2023. The booking was made on the [Online site]. 3. NS did not make the full payment for the booking and did not turn up for the booking. 4. BI Ltd is seeking $1,200.00 for the booking. 5. There was no attendance...