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  1. ND v BC [2022] NZDT 128 (15 August 2022) [pdf, 160 KB]

    ...panel beater would have been intended to avoid any problems with the sale. Avoiding the issue was therefore an inducement that the contract proceeds with the expectation on ND’s part that the truck was in good condition. Cleary this is a material matter in the purchase of the van. I therefore find there would have been a misrepresentation in the circumstances. [22] The principle of damages if a misrepresentation is proven is to place the innocent party in the position as if the repr...

  2. MZ v X Ltd [2023] NZDT 511 (16 October 2023) [pdf, 213 KB]

    ...decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised...

  3. N Ltd v EB [2023] NZDT 469 (5 September 2023) [pdf, 239 KB]

    ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

  4. The Judges

    ...Rights Team at Crown Law. While in practice she appeared in most Courts and Tribunals. Chief Judge Inglis was formerly on the Advisory Board of the New Zealand Centre for Human Rights Law, Policy and Practice; is a member of the Board of the Access to Justice Advisory Group, a joint initiative of the Chief Justice and Chief Executive of the Ministry of Justice; was Chair of Te Awa Tuia Tangata, the Heads of Bench judicial diversity committee, for three years; and is a member of the Heads of Ben...

  5. LCRO 158/2015 PL v VD (21 February 2019) [pdf, 178 KB]

    ...commonly the case with email correspondence, immediately after the composition of the email. [9] The email recorded below, which Mr PL advises was the second despatched, was the catalyst for the complaint that followed. That email reads: VD Matters having got to where they are, I am instructed to raise a matter not mentioned before now. Our clients are aware from my memorandum of [Date 4] (paragraph 6) that counsel owes a duty not to advance a claim in fraud unless there is a pro...

  6. [2018] NZSSAA 44 (14 September 2018) [pdf, 261 KB]

    ...SLP/carer when he becomes entitled to NZS were not issues that the appellant raised in his application to review the Ministry’s decision or in his notice of appeal. However, for the reasons that follow, we consider it is appropriate to address these matters. [16] The appellant has attempted to get a comprehensive, accurate answer to his queries about his entitlement for several years. The attempts by him and his wife to get clear explanations for the Ministry’s decision and i...

  7. Brunton v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 217 [pdf, 212 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 217 ACR 233/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 162(1) OF THE ACT BETWEEN JULIE BRUNTON Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: The Appellant is self-represented I Hunt for the Corporation Judgment: 20 Decem...

  8. Research on the effectiveness of police practice in reducing residential burglary part 6: case study of Lower Hutt Police Area [pdf, 331 KB]

    Research on the effectiveness of Police practice in reducing residential burglary Report 6 Case study of the Lower Hutt Police Area Alison Chetwin and Helena Barwick December 2005 2 Research on the effectiveness of Police practice in reducing residential burglary Report 1: Surveys of Household Burglary part one (2002): Four Police Areas and national data compared, Dr Sue Triggs, Ministry of Justice, 2005. Report 2: Surveys of Household Burglary part two: Four Police Areas compared bet

  9. Rzoska - Estate of Hineawe [2012] Chief Judge's MB 107 (2012 CJ 107) [pdf, 391 KB]

    ...(2012 Chief Judge's MB 107) [23 April 2012] IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT (2012 Chief Judge's MB 107) (2012 CJ 107) A20070009777 UNDER Section 45, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Hineawe BETWEEN HAIMONA TE IKI RZOSKA Applicant Hearing: 9 December 2010, 2010 Chief Judge's MB 446 (Heard at Whanganui) Judgment: 23 April 2012 DECISION OF CHIEF JUDGE WW ISAAC...

  10. Brightwell - Estate of Roera Rangi or Rangi Roera or Roera Te Heke-tanga [2019] Chief Judge's MB 1457 [pdf, 607 KB]

    ...when it was stated by Karena, Grandfather of the adopted children, and one-time husband of Roera Rangi, that she was mentally affected and consequently incapable of preforming such an act. But the execution of the notice of adoption before a Justice of the Peace of high standing like Mr L. W. Fisher who is moreover an expert Maori scholar, ought to be sufficient answer. Judgment was deferred till the present occasion, as the Court thought it only right that the bona fides...