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Search results for clause 5.

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  1. Panchalingam v Accident Compensation Corporation (Leave to Appeal) [2024] NZACC 75 [pdf, 189 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 075 ACR 102/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 162(1) OF THE ACT BETWEEN RAJAMOKAN PANCHALINGAM Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Submissions: Applicant is self-represented F Becroft for respondent Hearing: On the papers Judgment: 26 April 2024

  2. FT v MU & T Ltd & U Ltd [2023] NZDT 470 [pdf, 227 KB]

    ...orders against T Ltd (T LTD). 4. There is no active claim today by any party against U Ltd (U Ltd). If there had been it would have been dismissed. U Ltd’s participation in this dispute has been of assistance to the parties and the Tribunal. 5. I address the issues in dispute below as also explained to the parties during the hearing. Was the particular ocean freight for Mr FT’s particular container paid to U Ltd, and if so when and how and by whom? What evidence is there of...

  3. B Ltd v NC [2024] NZDT 490 (31 May 2024) [pdf, 189 KB]

    ...verbal contract. Also, the rate equates to 30% per annum, or more if compounded, which is well above the rates likely to be paid by B Ltd and appears to be in the nature of a penalty to discourage late payment. It is well-established law that penalty clauses will not be enforced in the courts. 12. I therefore conclude that the sum payable by NC to B Ltd is $8,662.08. Referee: E Paton-Simpson Date: 31 May 2024 Page 3 of 3 Information for Parties Reh...

  4. CL v TD [2024] NZDT 404 (15 May 2024) [pdf, 190 KB]

    ...another, before or at the time the contract is formed, that induces the purchaser to enter into the contract, that proves to be wrong. CI0301_CIV_DCDT_Order Page 2 of 4 8. I find that the statement made in the advertisements as set out in Clause 1 above imply that the fridge is working. However, the statements made have not been found to factually incorrect, so I am unable to find that there has been a statement of fact made that is incorrect. Therefore I find no misrepresentat...

  5. Taueki v Horowhenua 11 Part Reservation Trust - Horowhenua 11 Lake Block [2016] Māori Appellate Court MB 184 (2016 APPEAL 184) [pdf, 328 KB]

    2016 Māori Appellate Court MB 184 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND AOTEA DISTRICT A20150006419 APPEAL 2015/18 UNDER Section 58, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Horowhenua 11 (Lake) Block BETWEEN PHILIP TAUEKI Appellant AND HOROWHENUA 11 PART RESERVATION TRUST Respondent Hearing: 16 February 2016 (Heard at Wellington) Court: Judge S Te A Milroy (Presiding) Judge D J Ambler Judge M

  6. September-Notification-of-Applications-in-Office-of-Chief-Registrar2.pdf [pdf, 394 KB]

    ...Hirini Tau, Dale Van Engelen and Norma Rameka Te Runanga-A -Iwi-O-Ngapuhi - application referred to the Court pursuant to sections 26C and 237 of Te Ture Whenua Maori Act 1993 to determine a dispute concerning the interpretation and intent of clause 4.7(b)(i) of Te Runanga-A-Iwi O- Ngapuhi Trust Deed (the Trust Deed) and whether the decision making process was consistent with clauses 26-30 of the Trust Deed.

  7. [2024] NZEnvC 188 Waitaki District Council [pdf, 279 KB]

    ...COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 188 IN THE MATTER of the Resource Management Act 1991 AND an ex parte application under s86D of the Act BY WAITAKI DISTRICT COUNCIL (ENV-2024-CHC-15) Applicant Court: Environment Judge J J M Hassan Environment Commissioner C J Wilkinson Hearing: In Chambers at Christchurch Appearances: M Garbett and J Hardman for Waitaki District Council Last case event: 12 April 2024 Date of...

  8. Fast Dispute Resolution - consultation on a new statutory adjudication framework - Screen readable version [docx, 245 KB]

    ...nothing stopping people using out of court dispute resolution voluntarily. Court rules and lawyer conduct codes allow judges and lawyers to suggest that people try to resolve their issue before going to court. Businesses can include dispute resolution clauses in binding contracts, including clauses setting out private adjudication as the agreed dispute resolution process. Many industry organisations require members to use a nominated scheme. These voluntary options do not appear to have resulte...

  9. Aitken v Laudermilk [pdf, 78 KB]

    ...CONTENTS INTRODUCTION ........................................................................................................ 4 THE HOUSE............................................................................................................... 5 History of house....................................................................................................... 5 The Plans ...............................................................................................................

  10. Waitangi Tribunal Wai 2540 2.5.4 Department of Corrections and Reoffending Prisoners Claim [pdf, 605 KB]

    Wai 2540, #2.5.4 IN THE WAITANGI TRIBUNAL CONCERNING AND DECISION Wai 2540 the Treaty of Waitangi Act 1975 an application for urgent by Tom Hemopo on behalf of himself, Ngati Maniapoto, Rongomaiwahine and Ngati Kahungunu ON APPLICATION FOR AN URGENT HEARING 11 November 2015 camerja Official camerja Received camerja Text Box 11 Nov 2015 Introduction 1. This decision concerns an application for an urgent hearing filed by Tom Hemopo on behalf of himself, Ngati Maniap