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1. RQ & TQ v SR & N Trust Ltd [2022] NZDT 127 (11 August 2022) [pdf, 243 KB]

   ...compensation in the Disputes Tribunal. 7. The issues for the Tribunal to determine are as follows: i. Did RQ and TQ waive rights to raise any and all issues arising out of a pre-settlement inspection? ii. Did RQ and TQ retain the rights provided by clause 9 of the Agreement for Sale and Purchase? iii. If so, is N Trust Ltd in breach of the warranties under clause 9.3(1) for any of the issues raised by RQ and TQ? If so, what are reasonable remedial costs for those issues? Are R...

2. BORA Electoral Referendum Bill [pdf, 275 KB]

   ...entitled to promote a referendum advertisement if they are registered under provisions of the Bill [5] or if they do not incur referendum expenses [6] over $12,000 [7] in relation to referendum advertisements published during the regulated period (clause 32); 4.2 A referendum advertisement must state the promoter’s name and address (clause 36); 4.3 It is an offence to wilfully contravene the registration or self identification requirements (clause 51). 5. These restrictions,...

3. Ford - Estate of Amiria Bowden (2018) 390 Aotea MB 25 (390 AOT 25) [pdf, 275 KB]

   ...the Court noted that it must consider the will of Huatahi Edwards, one of Mairatea Tahiwi’s successors who had predeceased her, to determine who should succeed to Huatahi’s interest 4. The other was in 2006 when the Court applied the residue clause of Amiria Bowden’s will to vest further interests of Te Purewa Tahiwi in Millicent Ford.5 [13] Mr Watson admitted that David Pitt’s renouncing of the interests in 2003 is an unusual feature which means it does not fit easily with...

4. Delamere-Amoamo - Estate of Tairongo Te Wiremu Amoamo (2016) 139 Waiariki MB 176 (139 WAR 176) [pdf, 212 KB]

   ...partner and the owner. [6] In order to determine entitlement to succeed consideration must be given as to whether the entire will fails, per s 108(2), and the deceased Māori land interests are determined under the rules of intestacy; or whether only clause 3 fails and s108(5) of the Act enables the Court to make orders in terms of clause 5 of the will. The Law [7] It is trite law that the so called “golden rule” in interpreting wills is to give effect to the testator’s inte...

5. Saffioti & Anor v Ward & Ors [2013] NZWHT Auckland 17 [pdf, 287 KB]

   ...construction of the house was issued on 1 November 2001. Sub- clause (c) was satisfied because once the house had been built a CCC was issued on 16 April 2002. Mr and Mrs Saffioti’s breach of warranty claim is based on the provisions in sub-clauses (b) and (d). They say that the Page | 14 following events before, during and after the construction of the house are relevant when assessing the scope of those two sub-clauses and whether, and if so the extent to which they hav...

6. [2013] NZEmpC 89 NZ Dairy Workers Union Inc v Fonterra Brands (NZ) Ltd [pdf, 105 KB]

   ...brought in without the parties having to proceed under the disputed clause 3.6.1.2 the ballot required acceptance by 66 percent of the work group. In this instance it failed to achieve that margin of acceptance. Collective employment agreement clauses [5] I set out the two sub-clauses from the cea in their entirety (cl 3.6.1.2 as it appears in the cea contains several enumeration and format errors I have corrected) as follows: 3.6.1.1 Changing Roster and Shift Patterns (a)...

7. [2020] NZEmpC 139 KiwiRail Ltd v Mobbs [pdf, 450 KB]

   ...QC and A Russell, counsel for the plaintiff P Cranney, counsel for the first and second defendants Judgment: 2 September 2020 JUDGMENT OF JUDGE B A CORKILL Introduction [1] At issue is the correct meaning of a retirement clause. Is its meaning plain, or is it such that it requires either corrective interpretation, or rectification? [2] Mr James Mobbs is an employee who has worked on Interislander Ferry Services (Interislander) for many years, employed by Kiw...

8. Samuela v ACC (Weekly compensation) [2024] NZACC 70 [pdf, 185 KB]

   ...Appearances: H Peart and Ms E Manga for the Appellant C Hlavac for the Accident Compensation Corporation (“the Corporation”) Judgment: 22 April 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for weekly compensation – Schedule 1, clauses 49 and 51, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 17 November 2022. The Reviewer dismissed an application for review of the Corporation’s...

9. Thomas v CAC304 & Anor [2016] NZREADT 17 [pdf, 129 KB]

   ...or another person. In any event after Mr Thomas met Ms Loveridge and the gentleman they advised him that they wished to make an offer for 12 John Street, Mangere. The male visitor gave to Mr Thomas a piece of paper on which there was typed a GST clause that they wished to have inserted into the agreement. Mr Thomas prepared the agreement including this GST clause. He pasted it into the agreement. 2 [2] The vendor declined to accept the GST clause. Mr Thomas’s evidence is...

10. [2024] NZEnvC 082 NSK Farming Ltd v Canterbury Regional Council [pdf, 2.5 MB]

    ...CONSENT ORDER _________________________________________________________________ A: Under s 279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: (1) the appeal is allowed and resource consent CRC145237 is granted subject to: (a) the conditions, Appendix CRC145237 – Schedule 7 Farm Environment Plan and Schedule A marked as Annexure A; 2 (b) Plan CRC145237A – Site Overview; (c) Plan CRC145237B - Dam Block; (d) Plan CRC145237