Search Results

1. HB- & UB v KN [2023] NZDT 49 (9 February 2023) [pdf, 200 KB]

   ...taking it to the supermarket and driving it around town. 7. As this was a private sale, there are no implied warranties or conditions concerning the quality of the car. Contract law in New Zealand recognises that a buyer in a private sale has a responsibility to carry out due diligence before entering a contract – that principle is called “buyer beware”. CI0301_CIV_DCDT_Order Page 2 of 3 8. However, s 35 of the Contract and Commercial Law Act 2017 states that where a...

2. Watson v Accident Compensation Corporation (Application for recall of judgment) [2024] NZACC 34 [pdf, 229 KB]

   ...the general principle of finality. It is available only where a substantial miscarriage of justice would result if fundamental error in procedure is not corrected and where there is no alternative effective remedy reasonably available. Without such response, public confidence in the administration of justice would be undermined. [7] In Unison Networks Ltd,6 France J, for the Court of Appeal stated: [34] We conclude by observing that the Court’s reasons and the issues it chooses t...

3. Mana-Tukaha v Lowry - Awarua A25 (2024) 273 Taitokerau MB- 29 (273 TTK 129) [pdf, 214 KB]

   ...she participated in a vote on whether the tūpāpaku should be exhumed from the land, when she had already attended the burial. Ms Mana-Tukaha argues that Ms Lowry failed to avoid a conflict of interest by participating in the vote. [12] In response, Ms Lowry says she did not call this hui. She states the meeting was called by the trustees collectively and she only placed the notice for the meeting as she was the trust secretary. Ms Lowry accepts that she voted against removing t...

4. [2024] NZEnvC 172 Forbes v Far North District Council [pdf, 246 KB]

   ...involving the dogs roaming. There is no known example of the three Shar Pei dogs attacking kiwi and I was not able to understand the full background to the complaints. This, of course, would be covered in due course with a hearing. [9] The response of the Appellants is that the dogs are fully contained within a substantial dog-proof fence on the site. After discussion with the Appellants solicitor, Mr Mark, the Court’s understanding is that the fences fully contain the animals...

5. [2023] NZCAA 01 (20 July 2023) [pdf, 189 KB]

   ...[15.2] After considering all the circumstances, including the provisions in Clause 6 of Schedule 5 of the Act should relief be granted? Customs' Position [16] I first discuss Customs’ position as the Appellants’ position is necessarily responsive to the basis for Customs making its decision. [17] Customs say that the non-compliance was not reasonable, having regard to the Appellants’ past experience with importation of cash, the amounts of cash and the roles and circums...

6. IU v TS [2023] NZDT 585 (8 November 2023) [pdf, 164 KB]

   ...lane given the resulting collision. [11] Therefore, the respondent’s defence must fail. The applicant was entitled to be travelling along the flush medium before making his turn, for as long a distance as the flush medium remains unbroken. The responsibility lies with the respondent to not to enter the same lane until the way is clear to do so. What are the reasonable costs of remedy? [12] I have carefully considered the evidence regarding the amount claimed as damages. The...

7. IACDT annual report 2023 [pdf, 272 KB]

   ...There is a Memorandum of Understanding between the Ministry of Justice and the Ministry of Business, Innovation and Employment in regard to the Tribunal and the Immigration Advisers Authority, entered into in 2015. It sets out the respective responsibilities of the Ministries. Publication of Tribunal Decisions The Tribunal has a practice of publishing every decision on its website. However, the Chair can order that any part of the evidence or the name of any witness not be pu...

8. GT & AI v F Ltd [2023] NZDT 537 (2 October 2023) [pdf, 97 KB]

   ...Agreement to complete the subdivision in accordance with the Resource Consent. 6. I find no proven failure to complete the subdivision in accordance with the Resource Consent for the following reasons: (a) [Region] District Council ([RDC]) is responsible for ensuring compliance with Resource Consent Conditions. On 24 March 2023, RDC’s JT certified that “some of the conditions of the subdivision consent have been complied with to the satisfaction of the [RDC] and that a consent no...

9. MOJ0610-Responding-to-a-Notice-of-Application-Arabic.pdf [pdf, 343 KB]

   ...ميكنك إرسال هذا الطلب يف نفس وقت إرسال "إخطار الرد" الخاص بك. احصل عىل منوذج االستامرة عن طريق زيارة املوقع اإللكرتوين justice.govt.nz/notice-of-response االتصال بالهاتف املجاين لوزارة العدل )733 224 0800( للحصول عىل نسخة مرسلة لك. لك الحق يف الشعور باألمان ميكنك الحصول عىل املساعدة...

10. KT & MT v HT [2023] NZDT 98 (16 March 2023) [pdf, 178 KB]

    ...which was also sold for a considerable amount more than expected. KT and MT have agreed to reduce the loan amount to $3000 to reflect those efforts. 3. KT and MT also claim a second amount from HT of $3900 being an amount paid to HT by MT in response to a complaint by him that he had been overcharged for water usage in a property owned by KT and MT and managed by Q Ltd. Subsequent meter evidence is that the $3900 was a gross over payment. 4. HT responds that he acknowledges rece...