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1. Cabinet paper - Tyson Gregory Redman application for compensation for wrongful conviction and imprisonment: next steps [pdf, 4.4 MB]

   ...convictions and imprisonment, s 9(2)(a) 9. In respect of compensation for pecuniary loss , Dr Stevens also recommended that the amounts referred to in paragraph 7 be augmented by payment of: 9.1. Mr Redman's legal costs in bringing the compensation claim (once the amount is finalised); and 9.2. Mr Redman's costs of receiving counselling and therapy s 9(2)(a) over two years and up to a maximum of $21 ,700 including GST, to treat the mental and emotional harm caused by the...

2. SX v TO [2022] NZDT 43 (21 March 2022) [pdf, 207 KB]

   ...responsible for his or her own purchasing decision. 5. The Contract and Commercial Law Act 2017 qualifies the principle of caveat emptor. It sets out the law governing misrepresentation which applies to contracts. A misrepresentation is a false statement of fact which is made before or at the time the contract is made, and which induces a person to enter into that contract. A seller has no positive duty to disclose any defects about an item. However, if asked a seller may not make any f...

3. IB v TT [2024] NZDT 588 (29 July 2024) [pdf, 172 KB]

   ...of any kind of misrepresentation by conduct, and the buyer admitted that she would probably not have realised the significance of the planks even if she had seen them, given it took her a while to work this out. 7. In the absence of any positive statements, I am unable to find that the seller had a legal duty to disclose the leak. The maxim “buyer beware” still largely applies to real estate transactions. Under the contract, the buyer bore the risk that there could be problems with t...

4. Punjab Knoll Body Corporate v Wellington City Council & Ors [2014] NZWHT Auckland 9 [pdf, 93 KB]

   ...of such rules, the rules regulating civil proceedings under the District Courts Act 1947 shall apply with all necessary modifications. Rule 12.28 of the District Court Rules 2009 provides that where a proceeding is undefended and the relief claimed is not a liquidated sum, the proceeding must be tried for the purpose of assessing damages. [17] In the High Court, the formal proof procedure is dealt with by Rule 15.9. That rule provides that if the defendant does not file a s...

5. [2010] NZEmpC 127 Brownie v Fuster [pdf, 17 KB]

   ...determination was issued on 3 August 2010. [3] On 2 September 2010, the registrar received a letter from Mr Brownie saying that he wished to “appeal” the Authority’s determination. The letter did not meet the minimum requirements for a statement of claim and was not accompanied by the required filing fee. In any event, it was received by the Court outside the 28 day period prescribed by s179(2) of the Employment Relations Act 2000 within which a challenge may be m...

6. Waitangi Tribunal - Tongariro National Park statement [pdf, 99 KB]

   tim Waitangi Tribunal Media Statement Tuesday 12 November 2013 EMBARGOED UNTIL 11 AM TODAY www.waitangitribunal.govt.nz 1 WAITANGI TRIBUNAL RELEASES ITS REPORT ON TONGARIRO NATIONAL PARK CLAIMS The Waitangi Tribunal has today released its final report on 41 Treaty claims of ngā iwi and hapū of te kāhui maunga, the chiefly cluster of mountains, which include Tongariro, Ngāuruhoe, Ruapehu, Pīhanga, Hauhungatahi, and Kakaramea. All iwi and hapū who had their...

7. HD v RWW Ltd [2017] NZDT 1032 (15 February 2017) [pdf, 103 KB]

   ...around 8 pm to attend an awards dinner for his football team at DHH restaurant. He said he returned to the premises and re-parked his car around 11:30 pm, so had only been parked for a short time before the car was towed. [6] Mr HD produced a statement from Mr DC, whose party Mr HD attended in Y Suburb, asserting that Mr DC saw Mr HD leave and return in his car. I am unable to place any weight on this statement since when I telephoned Mr DC at today’s hearing, he had little recoll...

8. [2023] NZEmpC 38 Halse v Employment Relations Authority [pdf, 151 KB]

   ...certain of its rights. [4] After Mr Halse’s application for judicial review was dismissed, he applied for what was described in his application as a stay of the proceeding pending action being taken in the Court of Appeal. It was premised on a claim that a miscarriage of justice had occurred because the Authority did not file a statement of defence and that there was a breach of the New Zealand Bill of Rights Act 1990. [5] A further aspect of Mr Halse’s stay application was a...

9. [2024] NZEmpC 91 (Judgment (No 6) of Judge M S King 28 May 2024) [pdf, 323 KB]

   ...good arguable case [60] Assets to which the order can apply [61] Risk of dissipation [62] Full and frank disclosure of all material facts, including possible defences [66] Overall justice [70] Alternative claim for variation of orders [77] [1] On 13 May 2024, I received detailed submissions from the respondent, FRD, in support of his application to discharge or vary the freezing and ancillary orders against the assets of the respondent....

10. Blueskin Amenity and Landscape Society (BALS) (dated 1 June 2017) [pdf, 850 KB]

    ...Near Neighbours pp.8-10 Effects on the Wider Environment pp.10-13 Landscape pp.11-12 Noise pp.12-13 Light p.13 Hazards p.14 The Turbine Project and the Community pp.15-17 Porteous Road pp.17-20 Claimed Benefits pp.20-4 Contribution to Renewable Energy Generation pp.21-2 Economic Benefits pp.22-4 Other p.24 Conclusion pp.24-5 APPENDIX 1: BALS Certificate of Incorporation APPENDIX 2: BRCT/BEL Pamphlet...