Search Results

1. Ly v Navarette-Scholes [2015] NZIACDT 16 (06 March 2015) [pdf, 88 KB]

   ...processing complaints. The result has been the Registrar now investigates and evaluates complaints, and then lodges a statement of complaint. The statement of complaint now identifies potential grounds where the Registrar is in a position to lodge information supporting the grounds, and identifies any wider grounds the complainant advanced for which the Registrar did not find support. Formerly the Registrar gave the Tribunal notice of the complaint as presented by the complainant. [5] Th...

2. Patchell - Te Whaiti Nui a Toi (2008) 320 Rotorua MB 227 (320 ROT 227) [pdf, 1.4 MB]

   ...matter is whether the acceptance ofMr Meihana's nomination was appropriate. Trustees' submissions [4] Mr Dennett for the tl1lstees contends that the wording of clause 7(a)(ii) is clear: that voting is by way of show of hands, at the request of the tl1lstees by postal vote or by poll vote or by five beneficial owners requesting a poll vote. Counsel further submits that if the tl1lstees' reqnest a poll vote on a resolution then that is the end of the matter. Where the...

3. BORA Rights of Victims of Insane Offenders Bill [pdf, 152 KB]

   ...practising clinicians interpret that meaning of ‘certificate’ as including the patient’s full personal file including their treatment history, clinical notes, risk assessment, and the full report from the treating clinician. 9 The prescribed forms for certificates of clinical review for special patients detained under the MH(CAT) Act pursuant to orders made under s 24(2)(a() of the CP(MIP) Act require limited personal information about the subject to be included, namely the patien...

4. Dotcom v Crown Law Office (Application for Compliance Orders) [2018] NZHRRT 29 [pdf, 229 KB]

   ...Dotcom and [255.1] A declaration is made under s 85(1)(a) of the Privacy Act 1993 that there was an interference with the privacy of Mr Dotcom by: [255.1.1] The transfer, without legal authority, to the Attorney-General of the information privacy requests made by Mr Dotcom in July 2015. The Attorney- General had no lawful authority, as purported transferee under the Privacy Act 1993, s 39(b)(ii), to refuse the requests on the grounds that they were vexatious and there was no prop...

5. [2019] NZSSAA 33 (16 May 2019) [pdf, 137 KB]

   ...receive $1,400 per week for board. She accepted that the Authority does not have jurisdiction to award interest on the arrears that have been paid by the Ministry, or to award damages to the appellant. [9] The parties agreed that the Ministry’s request in its report for the appellant’s costs for the period from 1 May 2019 to 1 May 2020 in relation to Disability Allowance and Special Benefit was not a matter over which the Authority has jurisdiction, because it is a decision on f...

6. 17 July 2020 - Sidwell v Thames-Coromandel District Council [pdf, 285 KB]

   ...half-day after that; or • For all other applications, the first half-day is free. After the first half-day there will be a $350 fee for each half-day or part half-day after that. The fees must be pre-paid in accordance with the Resource Management (Forms, Fees and Procedure) Regulations 2003. The time allocated by the Court provides an indication of your potential liability for Court hearing fees in this case. 2 PROCEDURES At the start of the hearing, the Court will consider...

7. NS v T Ltd [2021] NZDT 1593 (23 June 2021) [pdf, 214 KB]

   ...whether and to what extent he might have a claim. Were T Ltd’s services fit for the purpose? 8. Section 29 of the CGA provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. 9. T Ltd submitted that it was not obvious what was causing the problem, so...

8. EG v WN Ltd [2017] NZDT 1423 (8 December 2017) [pdf, 187 KB]

   ...was for a “full international relocation”. This suggests that all goods were to be shipped for the price. However, this wording does not colour any objective interpretation of the words of the quote. The invoice was sent after the contract was formed and the wording was simply generated by the company billing system. 10. In summary, the clarity with which the contract defines the price based on one container cannot be overlooked. The contract price of $9,180.00 was for only o...

9. TQ v OC [2021] NZDT 1620 (26 July 2021) [pdf, 157 KB]

   ...recourse available to him or her. Under section 35 of the Contract and Commercial Law Act 2017 (CCLA) when someone has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages (a form of compensation) as if the representation were a term of the contract that has been breached. 6. A misrepresentation must be untrue and a statement of past or present fact. 7. It is not enough for a party to say that a representation c...

10. IN & MG v NF Ltd [2022] NZDT 52 (16 May 2022) [pdf, 201 KB]

    ...what would happen in the event of a lockdown? b) If not, was the contract frustrated? c) What sum, if any, should be refunded? Did the parties agree what would happen in the event of a lockdown? 4. The common law of contract enables parties to form legally binding agreements. It is possible for parties to make provision for contingencies such as lockdowns in the terms of their contract. 5. However, the parties gave conflicting evidence about what was agreed. The applicants said tha...