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1. Saifiti v Shortcliffe - Francis Rudolph Shortcliffe Whanau Trust (2020) 416 Aotea MB 275 (416 AOT 275) [pdf, 171 KB]

   ...Judge Savage on 28 November 2019, Ms Saifiti repeated her original request. Later during the hearing, she also said that she would be content with the decision of the Court: “You can do whatever, decide on whatever you decide is best.” In response to a question from Judge Savage that the applicant was not worried either way she confirmed that the Court should do whatever it considered is best for the parties. 1 83...

2. DD Ltd & MH Ltd v EJ Ltd [2017] NZDT 1558 (6 March 2017) [pdf, 120 KB]

   ...resulted in him failing to see Mr A approaching, thereby causing the accident, Mr A’s speed and/or alcohol intake notwithstanding. 16. SC produced a note that he alleged had been signed by Mr A on the day of the accident accepting that he was responsible for the collision. Even if this note had been signed by Mr A, which was not conceded, this would not alter my view of what had happened on the day based on the objective evidence. 17. SC sought to introduce calculations and...

3. [2022] NZEnvC 026 Otago Regional Council [pdf, 305 KB]

   ...distance of a rural home. Reject 4 Chapter 6 10019 10019.01 Dunedin City Council: Support Amend by providing a 1-year transition period to cease using waste oil as a dust suppressant. The DCC has withdrawn their submissions on this issue. No response required. 5 FS102 Federated Farmers of New Zealand – Otago and North Otago provinces Support See above 6 FS104 Southern District Health Board Oppose See above 7 Chapter 6 10014 10006.01 James Miles Oppose Approve the p...

4. [2022] NZEmpC 68 KAQ v Attorney-General [pdf, 244 KB]

   ...Court file. [22] Access is granted to the primary pleadings, namely the statements of claim. I record that no statements of defence were filed by the time the notice of discontinuance was filed, and so no statement of defence or substantive response to the statements of claim is held on the Court file. I also record that the amended statement of claim refers to two individuals as plaintiffs who were never formally joined. The application for joinder was opposed and the notice o...

5. [2021] NZACC 77 – Herbst v ACC (25 May 2021) [pdf, 156 KB]

   ...that not all relevant matters had been heard. [14] The Registry responded on 23 October 2018, detailing the issues under each appeal and noting that the appeals had been withdrawn by consent. [15] The appellant was not satisfied with the response and indicated that the matter would be taken up with the High Court. [16] On 25 October 2018, Mr Deobhakta emailed Counsel indicating that he had withdrawn as Mckenzie friend. [17] On 6 November 2018 the appellant refiled her...

6. [2022] NZEmpC 3 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 221 KB]

   ...application is opposed by the Trust. Its submissions are critical of the applicant’s reasons for failing to file a challenge on time, and of the merits of challenge set out in the draft statement of claim. Reasons for the delay [9] Mr Austin accepts responsibility for the delay. In his affidavit, he says that he mistakenly included 31 days in September rather than the correct 30, leading to Mr Tupe being one day out of time. As it transpired, the issues with Mr Austin’s filin...

7. [2021] NZEmpC 218 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 227 KB]

   ...opposition to be filed out of time. Moreover, indulgences had already been granted to Mr Halse with regard to Court deadlines, including being granted leave to appeal out of time. By contrast, the DHB had not made any such requests in the past. Response by Mr Halse [16] Mr Halse, in submissions relating to the application for leave, says that the DHB’s position throughout this proceeding has been completely without merit, and that counsel for the DHB, and other lawyers in ot...

8. [2021] NZIACDT 24 - HT v Shaikh – Sanctions (7 October 2021) [pdf, 195 KB]

   ...or diligent, nor had he exercised due care. [27] As Mr Moses says, the multiple failures by Mr Shaikh led to only one breach of the Code. The Tribunal accepted in the earlier decision that Mr Shaikh had been mature and professional in his response to his mistake. He had informed his client and sought to remedy the problem, in doing so explaining the circumstances to Immigration New Zealand. Mr Shaikh has learned from the mistake and made changes to his internal systems. He e...

9. BF v BN [2021] NZDT 1412 (1 April 2021) [pdf, 190 KB]

   ...in Part 3 of the Contract and Commercial Law Act 2017 apply. 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”. 6. However, s 35 of the Contract and Commercial Law Act 2017 states that where a party is induced to enter into a contract...

10. DX & SX v TZ [2021] NZDT 1687 (27 May 2021) [pdf, 191 KB]

    ...into the position they would be in if this damage had not occurred. 17. DX & SX lodged this claim for $3,000.00, but shortly before the second hearing they offered a proposal to TZ to settle for $1,680.59. While they say they did not receive a response from TZ, DX & SX now acknowledge that it will not be practical for them to replant a very large tree on their property to replace the damaged wattle. Their earlier claim for $3,000.00 had been based on approximate costs for repl...