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1. Barber - Pukehamoamoa F3A (2001) 163 Napier MB 157 (163 NA 157) [pdf, 1.3 MB]

   Minute Book 163 NA 157 Application No: A20010002451 Applicant: Marama Josephine Barber Subject: Pukehamoamoa F3A Date: 31 May 2001. Section: 135-136/93 Application and Background 1. The application before the Court is an application for a status order declaring that Pukehamoamoa F3A Block cease to be Maori Freehold Land and be declared General Land pursuant to section 135 Te Ture Whenua Maori Act 1993. Pukehamoamoa F3A contains 120.9301 hectares and is situated West of Hastings

2. DC v JBD Ltd [2021] NZDT 1379 (11 March 2021) [pdf, 203 KB]

   ...others remained unsold. 4. BD arranged for some unsold paintings to be uplifted by XIH for sale by it. Amongst the paintings collected by XIH was a painting entitled Bby EH. This painting was uplifted from JBD by XI Gallery in August 2018. 5. BD then arranged for XI Gallery to several paintings including B to a Gallery called BP. B was delivered to BP in May 2019. 6. BD then arranged for four unsold paintings to be collected from BP by RI on 29 July 2019. BD had arranged wit...

3. KD v TB Ltd [2022] NZDT 204 (11 July 2022) [pdf, 105 KB]

   ...to be knowledgeable about how to manoeuvre a trailer towards the car. CI0301_CIV_DCDT_Order Page 3 of 4 (e) I am satisfied that the agreement between KD and VU has no bearing on TB Ltd’s liability for the damage to KD’s car, and the clauses pointed out by FU are not applicable to TB Ltd. In any event, I am satisfied that the agreement does not take effect until the trailer is within KD’s sole care and responsibility, and is not intended to cover a situation where a staff m...

4. HD v MN [2023] NZDT 491 (20 October 2023) [pdf, 186 KB]

   ...and his partner, LD, HD’s daughter. The loan agreement provided for repayment instalments in varying amounts until the debt was repaid in full. MN made repayments until 29 March 2022 and then did not make any further repayments. HD relied on a clause in the loan agreement making MN liable for the full amount owing under the loan agreement upon his default. Initially, HD claimed $18,317.56, which he amended during the hearing to a claim for $8,758.78. Who were the parties to the...

5. NC v UD Ltd [2024] NZDT 829 (2 October 2024) [pdf, 189 KB]

   ...he only ever had a contract to store a container he already owned with UD Ltd, not to rent a container from them. 7. Ms H provided a copy of a rental contract between UD Ltd and NC dated 19 April 2017 for a container, signed by UD Ltd and by NC. Clause 1.1 of this contract provides that, “the owner of all rights over the Equipment is UD Ltd.” 8. Ms H said that NC only ever rented a container from them. Whilst there had been an option for NC to purchase the container for $2,600.0...

6. Q Ltd v N Ltd [2024] NZDT 883 (18 December 2024) [pdf, 203 KB]

   ...use. It is not a type of vehicle, in size or other characteristic that would only be used for commercial use. 9. Secondly, under s 43 of the CGA, any contracting out agreement must be in writing. As acknowledged by the dealer, the contracting out clause in the VOSA was not marked or signed to show that it applied. It is insufficient to say this was a technicality when the law requires that parties contract out in writing. 10. Also, while the CGA is not a code, s 198 of the CCLA pr...

7. [2009] NZEmpC WC 11/09 Snowdon v Radio New Zealand Ltd [pdf, 39 KB]

   SNOWDON V RADIO NEW ZEALAND LTD WN WC 11/09 6 May 2009 IN THE EMPLOYMENT COURT WELLINGTON WC 11/09 WRC 17/04 WRC 19/05 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for recusal AND IN THE MATTER OF an application for costs BETWEEN LYNNE FRANCES SNOWDON Plaintiff AND RADIO NEW ZEALAND LIMITED Defendant Hearing: (Heard on the papers) Submissions received 10 December 2008, 27 March an

8. Rowe & Ors v CAC306 & Ors [2015] NZREADT 82 [pdf, 111 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 82 Reference No: READT 020/15 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN ANN MAREE ROWE, RICHMOND LOWE AND AFFILIATED BUSINESS CONSULTANTS LIMITED Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC 306) First Respondent AND SUSHIL MANN AND SURAYA RASALI Second Respondents BEFORE THE REAL ESTATE AGENTS DISCIPLINARY

9. Recording Industry Association of New Zealand v Telecom NZ 3728 [2013] NZCOP 8 [pdf, 228 KB]

   ...its capacity as agent for the copyright owner, Warner Brothers Records Inc and WEA International Inc (Warner Music New Zealand Limited). [4] The Respondent is an individual internet account holder. Factual background and procedural history [5] This case involves the alleged uploading of the sound recording It Girl on six separate occasions. Only three of these occasions triggered infringement notices, however, due to the timing provisions in the legislation which provide for two 28-...

10. [2014] NZEmpC 123 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 73 KB]

    ...This application was partly based on the pleadings of the parties in ARC 23/12, but also that the actions against Mr Roest and Ms Park could not succeed on the face of the pleadings in ARC 102/13. This application was opposed by Mr Matsuoka. [5] While these applications were progressing, the substantive proceedings in both actions had become bogged down in disputes over disclosure of documents. Such disputes involved not only the parties but non-parties, including members of a g...