Search Results

1. Russell v Burns - Ōnuku 886 2B2 Ahu Whenua Trust (2018) 39 Te Waipounamu MB 34 (39 TWP 34) [pdf, 294 KB]

   ...SHARON RUSSELL AND RAELEEN NUTIRA Applicants AND JUDITH ANNE BURNS, MAURICE REWI NUTIRA AND SARAH MAY FULHAM AS TRUSTEES OF ŌNUKU 886 2B2 AHU WHENUA TRUST Respondents Hearing: 19 August 2016 (Heard at Christchurch) Judgment: 05 April 2018 RESERVED JUDGMENT OF JUDGE S F REEVES 39 Te Waipounamu MB 35 Introduction [1] This decision concerns an application for review of the Ōnuku 886 2B2 Ahu Whe...

2. Insley v Insley - Awanui Haparapara No 2B1B2 (2017) 167 Waiariki MB 183 (167 WAR 183) [pdf, 249 KB]

   ...MAXWELL BUTLER, GAYLE ROSE NGATAI AND BRONWYN RANGITAHI NGATAI Applicants AND CHRISTOPHER KARAMEA INSLEY, CAROLYN INSLEY, ALEXANDRA TERE INSLEY AND PETER INSLEY Interested Parties Hearing: 3 July 2017 (Heard at Opotiki) Judgment: 10 August 2017 RESERVED JUDGMENT OF JUDGE C T COXHEAD 167 Waiariki 184 Introduction [1] The applicants seek an order constituting an ahu whenua trust over Awanui Haparapara 2B1B2 block...

3. [2020] NZREADT 24 - Schroder (16 June 2020) [pdf, 163 KB]

   ...proceeding] (4) A person to whom costs are awarded under this section, but who has not been paid in full, may file a copy of the order in the District Court, where it may be enforced for so much of the amount as is still owing as if it were a judgment of the District Court. [42] The Tribunal is given a discretion as to orders for costs. That discretion is to be exercised in accordance with the Act, on the particular circumstances of the case before the Tribunal.10 In his judgmen...

4. Eru v Skipper - Awanui Haparapara (2019) 211 Waiariki MB 103 (211 WAR 103) [pdf, 290 KB]

   ...(NEE SKIPPER) AND KEVIN EUGENE SKIPPER Applicants AND DABO SKIPPER AND DARREN SKIPPER Respondents Hearing: 12 November 2018, 202 Waiāriki MB 118 - 133 (Heard at Ōpōtiki) Appearances: W Rika for Applicants Judgment: 30 April 2019 JUDGMENT OF JUDGE C T COXHEAD Copies to: W Rika, 15 Bedwardine Street, Rotorua 3010, walterrika@slingshot.co.nz mailto:walterrika@slingshot.co.nz 211 Waiarik...

5. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 KB]

   ...horse, and all other relevant circumstances of the supply (s7). 11. The test for fitness for purpose is whether the horse was reasonably fit for racing, unless the circumstances show that the purchaser did not rely on the supplier’s skill and judgement in making that determination (s8). 12. I am satisfied that the horse was not of acceptable quality, but only in relation to the immediate lameness experienced shortly after arrival. This is so for the following reasons: (a) I...

6. [2022] NZACC 158 – Sua v ACC (16 August 2022) [pdf, 224 KB]

   ...Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 29 July 2022 Heard at: Auckland/Tāmaki Makaurau Appearances: S Macann on behalf of the appellant Mr L Hawes-Gandar and Ms F Becroft for the respondent Judgment: 16 August 2022 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Personal Injury s 26 Accident Compensation Act 2001] ___________________________________________...

7. K Ltd v V Ltd [2023] NZDT 598 (27 November 2023) [pdf, 207 KB]

   ...buyer, to show the buyer relies on the seller’s skill and judgement and where the goods are of a description that it is in the seller’s business to supply. 24. Despite K’s evidence that he told V LTD’s employee he needed the truck for pipe lining, I find the truck was not selected by either V LTD or K on this basis, K did not appear to rely on V LTD’s skill or judgement in this regard, nor was the truck specifically adapted by V LTD for this purpose. I find it was a truck...

8. Herangi - Lot 12 DP 8805 (2023) 259 Waikato Maniapoto MB 126 (259 WMN 126) [pdf, 263 KB]

   ...TAI E RUA PAA MAAORI RESERVATION TRUST Ngā kaitono Applicants Nohoanga: Hearing 26 January 2022, 234 Waikato Maniapoto MB 20-30 (Heard at Hamilton) Kanohi kitea: Appearances K Katipo for Applicants Whakataunga: Judgment date 31 October 2023 TE WHAKATAUNGA Ā KAIWHAKAWĀ R P MULLINS Judgment of R P Mullins Copies to: K Katipo, McCaw Lewis, PO Box 9348, Hamilton 3240, Kylee.Katipo@mccawlewis.co.nz...

9. Lewis v Accident Compensation Corporation (Claim for treatment injury) [2024] NZACC 159 [pdf, 176 KB]

   ...Hearing: 3 October 2024 Held at: Wellington/Whanganui-a-Tara by AVL Appearances: H Menneer for the Appellant; Ms Lewis also attended L Hawes-Gandar and F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 4 October 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for treatment injury – ss 26, 32(1), Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 2 Ap...

10. National Standards Committee 1 v Grey [2024] NZLCDT 36 (15 November 2024) [pdf, 193 KB]

    ...occurred a day later, and after one where Ms Grey realised she had “slipped” a couple of times, she ought to have been more on guard, and her carelessness is less understandable. We consider that Ms Grey’s enthusiasm about the issue clouded her judgment, and that she did not consider carefully enough the prohibition of identifying particulars. She knew Gault J had ordered that the baby be referred to as “Baby W”, this was not a case of ignorance, but rather carelessness an...