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1. Paul-Palmer v Tohu - Te Horo 3 No 1-131 (2023) 262 Taitokerau MB 184 (262 TTK 184) [pdf, 226 KB]

   ...184 Paul-Palmer v Tohu - Te Horo 3 No 1-131 (2023) 262 Taitokerau MB 184 (262 TTK 184) I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE TAITOKERAU In the Māori Land Court of New Zealand Taitokerau District A20230009442 AP-20230000029952 WĀHANGA Under Section 19(1)(a), Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Te Horo 3 No 1-131 I WAENGA I A Between MATEHAERE PAUL-PALMER Te kaitono Applicant ME And AMADE...

2. ND Ltd v BX & TX [2020] NZDT 1561 (15 July 2020) [pdf, 201 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2020] NZDT 1561 APPLICANT to claim Respondent to counter claim ND Ltd RESPONDENT to claim Applicant to counter claim BX SECOND RESPONDENT to claim Applicant to counter claim TX The Tribunal hereby orders: 1. BX and TX are jointly and severally liable to pay ND Ltd $2160.87 on or before 30 July 2020. R

3. IN Ltd v NB [2022] NZDT 74 (22 February 2022) [pdf, 101 KB]

   ...damage? [16] Although I consider that the damage occurred after NB purchased the car, I must consider the agreement the parties made when the sale was rescinded and the price was refunded to NB. The agreement, that was drafted by IN, contained the clause cited above. That clause limits NB’ representation about the condition of the vehicle to matters within his knowledge and belief. Thus, it is not enough for IN to prove that the damage was caused during the period that NB owned and po...

4. MS v H Ltd [2024] NZDT 232 (16 April 2024) [pdf, 194 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 232 APPLICANT MS RESPONDENT H Ltd The Tribunal orders: H Ltd is to pay MS $2,034.34 by Tuesday 14 May 2024. Reasons: 1. MS and QD, representing H Ltd, both attended the teleconference hearing. 2. MS and his wife booked a 5-day guided [river] trip with H Ltd, trading as DT, to begin on 14 February 2022, along with a group of friends

5. BN & HF v O Ltd [2024] NZDT 692 (10 July 2024) [pdf, 134 KB]

   ...and HF entitled to a refund of any or all of the deposit? 25. As I have found that O Ltd did not breach the contract, it is not necessary to consider the issues of essentiality and remedy if there had been a breach. 26. The contract states in clause 23 that if the owner decides not to proceed with the works (other than by reason of justified cancellation resulting from a breach of contract), any contract deposit is not refundable. 27. Section 42 of the Contract and Commercial La...

6. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   ...Change 46 (Private) Drury South (PC46) to the Auckland Unitary Plan Operative in part (AUP). [2] The Council sought the order on the following terms:2 4 Granting a dispensation from the need to comply with: 4.1 The requirements relating to clause 25(2)(b) and clause 26(1) of Schedule 1 of the RMA to notify PC46 overlaid on the operative version of the I410 Drury South Industrial Precinct and Appendix I410.11.1 Drury South Industrial Precinct Appendix AUP provisions. 5 A conse...

7. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   ...Change 46 (Private) Drury South (PC46) to the Auckland Unitary Plan Operative in part (AUP). [2] The Council sought the order on the following terms:2 4 Granting a dispensation from the need to comply with: 4.1 The requirements relating to clause 25(2)(b) and clause 26(1) of Schedule 1 of the RMA to notify PC46 overlaid on the operative version of the I410 Drury South Industrial Precinct and Appendix I410.11.1 Drury South Industrial Precinct Appendix AUP provisions. 5 A conse...

8. BAB v PW LCRO 4 / 2011 (14 August 2012) [pdf, 119 KB]

   ...his partner dated 19 June 2009. That Agreement contained the following clause:- The purchaser agrees that if the agreement is not declared unconditional by 10 th July 2009 the vendor is free to place the property for sale on the open market. [5] Clause 5 of Mrs PR’s will provided as follows: Without imposing any trust or binding obligation on my trustee, I suggest that in carrying out the trusts and directions of my will my trustees: (c) transfer to my son PV, subject to sub...

9. [2023] NZEnvC 278 Hanan and Banco Trustees v Queenstown Lakes District Council [pdf, 1.1 MB]

   ...QLDC – TOPIC 31 – McDONNELL ROAD – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 278 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN E HANAN (ENV-2019-CHC-16) AND BANCO TRUSTEES, McCULLOCH TRUSTEES 2004 LIMITED AND OTHERS Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M...

10. [2014] NZEmpC 117 Hutchison v Nelson City Council re-issued [pdf, 222 KB]

    ...personal grievance was being raised, the letter lacked the necessary detail to be effective. 2 She applied under s 114(3) of the Act for leave to raise her grievance after the expiry of the 90-day period. The Authority declined leave. 3 [5] Ms Hutchison brought a challenge to that determination. The Court concluded that the challenge was partially successful. 4 Ms Hutchison’s application under s 114(3) of the Act was granted in respect of her personal grievance that she...