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1. Reuben - Allotments 170-176 Parish of Manurewa [2020] Chief Judge's MB 5 (2020 CJ 5) [pdf, 191 KB]

   ...Valentine Nicholas and his fellow respondents had an interest. [5] On 14 September 2017, Judge Armstrong determined three separate applications by Tuari Hetaraka and others in relation to the Otuatua Stonefields (A20160006578), the site of the former Tamaki Girls College (A20160005969) and an unspecified area of land referred to as Ngāti Tai whenua (A20160005924).2 The applicants sought to have the land determined as Māori customary title and subsequent titles amended or cancelled...

2. Te Manutukutuku Issue 14 [pdf, 2.6 MB]

   ...contentious land claims headed towards its final resolution with the passing of the Orakei Act 1991 late last year. The Act is very different from the 1978 legislation it replaces, reflecting the new environment for the settlement of Maori claims. The former legislation referred cautiously to an 'agreement' reached between the Crown and Maori, with regard to 'the public interest ... tlle interests of the hapu and the special relationship of the hapu with the land'....

3. Te Manutukutuku Issue 12 [pdf, 2.6 MB]

   ...carried out at Matatina marae at Waipoua, with the whakairo work being completed in Wellington. The other foyer carvings are done in native timbers - taraire, kauri, tawa, kamahi, rimu, matai, totara, kahikatea and miro. The carvings incorporate flsh forms such as tuna and a stylised flsh spine. The moon shapes are intended to represent nga ara po - the different phases of the moon when used for fishing. ISSN 0114-717X Number 12 October 1991 Te Kapapi 0 Te Rallgi carved by Ted Nia...

4. [2021] NZACC 12 - Mudgway v ACC (12 January 2021) [pdf, 149 KB]

   ...and organised an urgent MRI scan. [8] On 8 December 2016, Mr Mudgway had an MRI of his brachial plexus. The radiologist reported that no cause could be identified for Mr Mudgway's ulnar nerve symptoms. [9] On 22 December 2016, Mr Mudgway requested cover for a right sided ulnar nerve injury. [10] On 23 December 2016, Dr Gerard Walker, occupational medicine specialist, carried out a file review at the request of ACC. He noted that "the nature of the accident has not been...

5. LI v UC & IC [2021] NZDT 1609 (24 June 2021) [pdf, 210 KB]

   ...that the issue with the engine burning oil was present when UC and IC sold the car as the issues it has do not arise overnight and happen over a period of time. That was the evidence of EM. LI had this problem within days of buying the car. EM conformed that the issue with the engine is unrelated to the oil leak that LI was aware of. EM said it was possible that a car owner could drive the car and not be aware of the problem. CI0301_CIV_DCDT_Order Page 3 of 5 20. It may be that U...

6. LCRO 172/2020 CA v PL (14 October 2021) [pdf, 174 KB]

   ...members of Standards Committees include practitioners who practice in the areas of law under examination and, importantly, lay members. The views of the Standards Committee members cannot be discounted, and in this instance, the Committee has formed the view that Ms PL’s fees were fair and reasonable. [55] I add to that, an observation Ms PL’s discounted rate of $250 per hour charged to Mr CA could be described as ‘more than’ reasonable. Other matters [56] The Committ...

7. UB and DB v ND [2020] NZDT 1391 (29 October 2020) [pdf, 230 KB]

   ...find that their actions in attempting to lower and adjust poles to fix the flat areas where water was pooling were following instructions given by ND. 13. Having made this finding, I note that UB’s internet research has yielded the further information that only experienced contractors should adjust poles on stretch tents, and that for ND to direct his customers to attempt this themselves was ill-advised and may have contributed to the problems experienced later that evening (althoug...

8. TG v NNI [2022] NZDT 139 (15 September 2022) [pdf, 229 KB]

   ...professional nature and that the CGA applies. This is for the following reasons: a. NNI had posted on social media ‘We are happy to be offering hairdressing services to you … hair colour … expert highlights … to reserve a time or for more information please get in touch with the below number …’ I find that an ordinary person would take these words to mean what they say, and that NNI was offering hairdressing services. In making this finding I have had regard to NNI saying...

9. [2022] NZACC 27 - Alves v ACC (3 March 2022) [pdf, 173 KB]

   ...his claim. She confirmed a supraspinatus partial tear. [10] On 7 July 2020, the Corporation declined Mr Alves’ application for weekly compensation. This was on the basis that there was insufficient clinical evidence to 3 support the requested incapacity being causally linked to the accident event of 17 September 2019. Mr Alves sought a review of that decision. [11] On 13 July 2020, Mr Alves presented to Mr Moore, who provided a report on Mr Alves’ condition. [12]...

10. CF v EX [2021] NZDT 1623 (13 July 2021) [pdf, 194 KB]

    ...legally binding contract between the parties, in particular did the parties intend to create legal relations between them? 5. A legally binding contract arises when two parties agree about the same thing for an exchange of value, for example the performance of services in exchange for money. If the relationship between the parties is close, for example friends or family, it may be that the parties do not intend a legally binding contract to arise, even where the other elements of a co...