Search Results

1. Skerrett - Taumanu A (2023) 299 Waiariki MB 93 (299 WAR 93) [pdf, 285 KB]

   ...lifetime. However, Mere’s offer is not the subject of this application. [16] Robyn also supports Mark’s application. She states that it will give Mark stability and peace of mind, as well as resolve the question of who has the financial responsibility of matters such as the rates. [17] Emily wrote a letter to the Court also conveying her support for the application, although she did not appear at the hearings. Ngā kōrero whakahē te ōta Submissions opposing the order...

2. LL & TM v I Ltd & TE [2023] NZDT 730 (7 December 2023) [pdf, 204 KB]

   ...4 of 6 completion work at least until 17 May, and their losses could have thus been limited to $3,450.00 if they had made that payment to I Ltd at some point before that date. [21] For that reason, I consider that the applicants must share some responsibility for the losses that they suffered. In my view, the applicants and I Ltd are equally responsible for the losses. I have therefore allowed the applicants 50% of the reasonably foreseeable losses that resulted from I Ltd’s breach o...

3. [2024] NZEmpC 48 Ugone v Star Moving Ltd [pdf, 228 KB]

   ...served on the defendants drawing to their attention the seriousness of this proceeding. They instructed counsel and Ms Oh filed an address for service and an appearance on their behalf. No issue arises today about the delay in the defendants’ response or the absence of statements of defence. In any event, the positions of the parties is apparent from submissions filed in advance of today’s hearing. [11] The statement of claim sought orders that: (a) Star Moving be fined up...

4. Chief Victims Advisor to Government Briefing for the Incoming Minister of Justice November 2020 [pdf, 279 KB]

   ...another legacy of colonisation which affects the cohesion of whānau and hapū. The absence of Te Tiriti o Waitangi principles in the criminal justice system means that Government must work directly with Māori to redesign the justice system and its responses to Māori. Opportunities to improve the justice system for victims in the short and long-term 10. Following eighteen months of consultation, including a national two-day workshop, a victims’ survey and face-to-face meetings wi...

5. 25b.-Appendix-B-to-the-Evidence-of-Mr-Lister-Tara-Ika-PC4.PDF [PDF, 197 KB]

   ...preferred option. This is hardly surprising given that the proposed Tara-Ika Structure Plan (and PC4) was designed in the knowledge of the Ō2NL corridor. In effect, the larger and more integrated urban area represented by Tara-Ika is a viable response because of the N4 alignment. 14. I consider the Tara-Ika Structure Plan (and the master plan on which it is based) is good urban design. Specifically, it has an appropriate neighbourhood centre, a well-connected internal street...

6. BE v D Ltd & DO Ltd [2024] NZDT 230 (25 March 2024) [pdf, 212 KB]

   ...something for which D Ltd is CI0301_CIV_DCDT_Order Page 2 of 6 therefore responsible; and b. reasonable installation services and products for an Optical Network Terminal (“ONT”) were provided by DO Ltd; c. disputed matters are BE’s responsibility to resolve because he owns affected equipment. 5. These circumstances have been the subject of a dispute before Telecommunications Dispute Resolution (“TDR”). That dispute is described as between BE and SE L...

7. [2024] NZIACDT 20 – LB v Luv (8 July 2024) [pdf, 213 KB]

   ...was a time of deep sadness. This is her first appearance in 20 years. Ms Luv apologises if her approach was not right and she will do better, having learned a valuable lesson. [22] In her further submissions (1 July 2024), Ms Luv disputes being responsible for the complainant leaving her job or for the food expenses or counselling claimed. The compensation claim is extremely unfair and outlandish. The complainant is trying to take advantage of her. There is a pattern of dishone...

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

   ...trusts are administered together. This is in line with the original intention for the kaitiakitanga of Gibson Road to align with the Reservation Trust. The Reservation Trust trustees (at any given time) have continued to assume the fiduciary responsibility of maintaining Gibson Road since 1997. Therefore, it is sensible that this now be formalised. [36] Therefore, I make orders accordingly. Kupu whakatau Decision [37] Pursuant to Te Ture Whenua Māori Act 1993 I make the...

9. [2024] NZEmpC 88 Henderson Travels Ltd v Kaur [pdf, 232 KB]

   ...stay was disbursed to Ms Kaur in accordance with Henderson Travels Ltd v Kaur, above n 1, at [106]. [9] The application was served on the liquidators of Henderson Travels and on Flight Experts. No steps were taken by either of them in response. [10] Ms Douglas’ submissions began with s 221 of the Act providing a broad discretion enabling the Court to join parties to a proceeding to dispose of any matter more effectually before it. Nisha v LSG Sky Chefs New Zealand Lt...

10. Cairns-Williamsen v Hakaraia - Waihaha 4 (2025) 500 Aotea MB 280 (500 AOT 280) [pdf, 228 KB]

    ...trustees had the ability to delegate the proxy form role to a non-trustee. If there is no ability, then I may not need to resolve the factual contest. Can the trustees delegate the proxy form process to a non-trustee? [21] It is trite law that a responsible trustee cannot delegate his or her powers to a non- trustee, without court approval. In this context, there is no ability under the trust order to delegate any powers to a non-trustee. Clause 20.3 of the trust order is clear th...