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1. McDonald - Pakiri Beach Rohe [2005] Chief Judge's MB 130 (2005 CJ 130) [pdf, 259 KB]

   ...Marae makes provision for the appointment of two representatives from each family and it was accepted that the trustees of the Marae are representative of all descendants of Rahui and Tenatahi. 18. It was also agreed that Ngati Manuhiri meet and formulate a plan amongst themselves to determine a method for them to use the Omaha Marae Trust and its charter, either in its present form or in a varied form, to best suit the requirements for consultation, negotiation and allocation of funding...

2. LCRO 165/2017 EY v PS (30 August 2019) [pdf, 90 KB]

   ...1990s to 2011”.1 [3] Part of his complaint is to seek copies of authorities for 48 payments from the trust account of the firm [law firm], where Mr PS was a partner. The payments were made between 1998 and 2011. [4] Mr EY lawyer (Mr AQ) had requested this information from Mr PS in a letter 20 September 2016. Prior to this Mr PS had responded to a number of inquiries from Mr EY’s accountant (Mr TV), and provided him with a substantial quantity of records, including copies of...

3. QC v-DH Ltd & DN & MS [2021] NZDT 1601 (24 June 2021) [pdf, 176 KB]

   ...important is the meaning it conveys; the intention of the representor is irrelevant. The misrepresentation must have been made to the applicant. 6. The statement made by the respondent to the applicant was that the amount of time required to perform the raking and rolling services would be four hours for two workers. This time requirement represented was four times the actual time required to carry out the services. I am satisfied the representation of the required hours did contain a m...

4. MR v BJ Ltd [2022] NZDT 17 (20 April 2022) [pdf, 234 KB]

   ...as a replacement TV equivalent to the one damaged was offered in accordance with the policy, the claim cannot succeed. The claim is accordingly dismissed. Referee: K Edwards Date: 20 April 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

5. NI v LNE Ltd [2020] NZDT 1316 (23 November 2020) [pdf, 117 KB]

   ...in evidence). In that case Lang J held that the IGC payments in that case could not be regarded as “outgoings” for the purposes the agreement for sale and purchase. That agreement (on the Auckland District Law Society & Real Estate Institute form) has the same provision as to “outgoings” in the SPA. I note in that case at the relevant time WXT’s IGC charging policy was the old policy where they charged the developer. Had Phoenix Holdings Trust and the other parties sought t...

6. QN v OR [2018] NZDT 1526 (9 February 2018) [pdf, 187 KB]

   ...agreement provides: “In consideration of the sum of $1,000.00 the Grantor agrees to grant to the Grantee as easements in gross (“the Easements”) the right to install, operate and maintain the Station on the Site together with access over the formed Access Track and conveyance of electricity to the site as shown on the plan annexed hereto.” 3. From late 1990 until mid-1995 the parties attempted to negotiate a licence agreement which would provide OR’s occupation rights as...

7. Contract Compliance statement 7May2021 [pdf, 215 KB]

   ...realistic measures you can take to help comply with the terms and conditions of the Contract. We acknowledge some may not be appropriate for the type or size of your organisation. • Once completed, please hold the self-assessment form within your organisation for review and audit purposes. We may discuss your assessment with you. • You should review and update your self-assessment annually, or more frequently if your systems and processes change. • Footn...

8. NT v GD Ltd [2022] NZDT 177 (20 September 2022) [pdf, 111 KB]

   ...the applicant had booked his flights, there were several instances where the airlines changed flight times and the respondent failed to notify him of significant changes. Instead, these notifications came directly from the airline. b. Incorrect information was given to the applicant by an agent who was no longer working for the respondent, causing confusion and stress. This was especially the case regarding flights that had been booked but not proceeded with as the applicant and his fami...

9. NQ v HN [2022] NZDT 38 (6 April 2022) [pdf, 183 KB]

   ...has not shown that it is more likely that C was sold with an underlying condition that caused her to suffer a prolapse, the claim must be dismissed. Referee: Cowie Date: 6 April 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

10. SM v CT [2020] NZDT 1432 (4 August 2020) [pdf, 223 KB]

    ...CT breach the contract of sale with SM? b. What remedy is SM entitled to? Did CT breach the contract of sale with SM? 5. There is a contract between the parties for the sale and purchase of the vehicle even though the contract might not be formally in writing. 6. The Contract and Commercial Law Act 2017 (CCL) implies into all contracts for the sale of goods certain conditions and warranties as to title and quiet possession. Section 135 says: (1) In a contract of sale there...