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1. Tangiora - Whareongaonga 5 (2024) 126 Tairāwhiti MB 228 (126 TRW 228) [pdf, 290 KB]

   ...between the two families and second to fulfil a promise that John Tangiora made that these shares were to go to the applicant’s son Sier. She noted John Tangiora was a tikanga expert and understood what he was doing leaving all his land to her. In response to this last point, Codford queried why his father did not leave shares to Sier in his will. [15] Codford argued that it is not in accordance with tikanga to leave shares to someone outside the whakapapa line. In support, Al...

2. SM v KN [2024] NZDT 176 (11 March 2024) [pdf, 190 KB]

   ...KN is to pay SM $951.82 on or before 28 March 2024. Reasons 1. In January 2023 SM purchased a [caravan] from KN via [sales website] for a price of $1,700.00. The advertisement said that the chassis looks to be in “great condition”. In response to a question during the auction period, KN said the chassis was” in very good condition” and “it is good to tow”. 2. After getting the caravan home and cleaning the green slime off the drawbar, SM found that there was rust,...

3. HI v BC Ltd [2024] NZDT 198 (28 March 2024) [pdf, 102 KB]

   ...it was consistent with their verbal agreement, given the prominent position of the Introduction on the first page of the agreement. 12. Paragraph B of the Introduction is consistent with the verbal agreement, clause 11.1 is not. Because BC is responsible for the ambiguity, the contract must be interpreted in a way that is more favourable to HI. I therefore find that the agreement was for the business to be sold as a going concern, and therefore zero-rated for GST. Was the busine...

4. KD & KX v B Ltd [2023] NZDT 533 (21 September 2023) [pdf, 184 KB]

   ...services when they are supplied in trade to consumers. The services must be provided with reasonable care and skill. In addition, B Ltd’s. conditions of carriage apply to all who fly with B Ltd. 6. The conditions of carriage are clear that it is the responsibility of the passenger to get to the departure gate on time. KX and KD accept this. 7. To comply with the guarantees under s.28 (CGA 1993), B Ltd had to take reasonable care to ensure that KX and KD were informed when the f...

5. DS Ltd v I Ltd [2023] NZDT 565 (28 November 2023) [pdf, 181 KB]

   ...a particular time. The contract does not specify the work to be achieved, only the hours to be worked, and clause 5.3 provides, “All payments are to be made without deduction or set off.” Moreover, clause 5.1(a) provides: “You [I Ltd] are responsible for supervising, directing and controlling the manner, time and place in which the Contingent Worker carries out work for you during the Assignment (nothwithstanding the fact that the Contingent Worker is not employed or contracted by...

6. BT Ltd v XN [2023] NZDT 549 (11 October 2023) [pdf, 101 KB]

   ...NG’s (for BT) argument in this case that XN’s failure to provide them with a forwarding address left them unable to contact him for many years. 12. Further, the nature of the service BT provide is such that they wished to take a reasonable and responsible approach to protecting the stored goods and to hopefully reuniting XN with his belongings. While the contract provides for a rate of 15% interest in the event of default, BT has not applied this as compounding interest and I con...

7. DX & QX v T Ltd [2023] NZDT 215 (27 April 2023) [pdf, 99 KB]

   ...floors as a reason for declining insurance. It was only when they came to sell to the property and their potential purchaser had been unable to obtain insurance that the significance of the uneven floor levels became apparent to them. [7] DT, in response, said that he did not consider his report to be misleading in any way. He had, he said, stated clearly his findings regarding the floor levels in his report, and the applicants had therefore been made aware of them when they had bought...

8. 2023 NZPSPLA 054 [pdf, 107 KB]

   [2023] NZPSPLA 054 IN THE MATTER OF A complaint under s 74 of The Private Security Personnel and Private Investigators Act 2010 against JOHN WOOD HEARD virtually on 23 August 2023 APPEARANCES C McLuskie – complainant J Wood – Certificate holder DECISION [1] On 22 July 2023 Christopher McLuskie parked his car at the Richmond Centre car park while visiting the medical centre. A man wearing a hi viz vest with Naki Security on it came and chalked his ca

9. OIA-104194.pdf [pdf, 467 KB]

   ..."pension" you meant "superannuation"; • that you were withdrawing the following part of your request: 'Total strain cost to the pension fund for early payment of pension due to redundancy". Please find the Ministry's responses to each part of your request, relating to the financial years 2020/21 , 2021 /22 and 2022/23, below: 1. Number of employees made redundant broken down into compulsory and voluntary redundancies. Please also provide total amoun...

10. Guidance For Licensees Notification Cancellation of Notification Display Notice [pdf, 209 KB]

    ...specific requirements for licensees making notifications, cancelling notifications, and displaying information about how their premises will use the extended hours. This document provides guidance on how to fulfil these requirements and meet your responsibilities under the Act. Notifications If you intend to open outside of your usual permitted trading hours to televise Rugby World Cup 2023 games live, you must provide a notification to the relevant territorial authority (city or distr...