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1. Whare v Home Mortgage Company Limited - Te Puke 1A5B2B2 (2004) 283 Rotorua MB 75 (283 ROT 75) [pdf, 1.2 MB]

   ...reasons, counsel emphasised that the application for i'1junction was without merit and accordingly, he sought its dismissal. At the conclusion of the hearing counsel was to seek instructions fi·om the Respondent as to whether or not it would consent to a fillther adjoul1l1uent of three weeks. He subsequently confirmed that the Respondent considered any fillther delay unacceptable. The Law Section 19 of the Act provides: (1) The Court, on application made by any person interested...

2. 17 July 2020 - Sidwell v Thames-Coromandel District Council [pdf, 285 KB]

   ...http://www.justice.govt.nz/courts/environment-court SCHEDULE OF PROCEEDINGS An application for a declaration relating to the interpretation of the provisions of ss37 and 125 RMA to extend the lapse date of a subdivision consent for 32 & 34 Ocean Beach Road, Tairua ENV-2019-341-000003 Sidwell v Thames-Coromandel District Council Application For Declaration pursuant to Section 311 of the Resource Management Act 1991 Court Reference: EN...

3. [2021] NZACC 79 Erwood v ACC (26 May 2021) [pdf, 210 KB]

   ...the High Court and the Court of Appeal again tends against the view that it would have been intended that there be a right of a rehearing of the appeal to the District Court. It is to be remembered that in the case of a proceeding commenced by statement of claim, any rehearing granted under Rule 493 of the District Court Rules would be a rehearing of what was a first instance decision. On the other hand, if the rule were applied in relation to the determination of an appeal by t...

4. DI v Trustee X [2022] NZDT 114 (8 August 2022) [pdf, 125 KB]

   ...report therefore was prepared for that purpose. It may well have been that the accountants were instructed to include a loan amount to BK’s parents that ON did not agree with. I also note that neither ON nor Trustee X have signed the 2018 financial statement despite the document being intended for them to sight and sign. They both deny seeing the financial report until it was provided to them during the resolution of this dispute. 15. BK also referred to a settlement agreement bet...

5. BQ v XB & TB [2021] NZDT 1637 (7 October 2021) [pdf, 196 KB]

   ...RESPONDENT INSURER WJ Ltd The Tribunal orders: 1. This order replaces my order dated 4 October 2021. 2. TB is joined to the claim as a respondent. 3. 30 days after the date BQ provides XB and TB with a signed statement from all of the owners of the relevant easement [easement number] confirming that BQ is entitled to receive and apply the sum towards the repair work referred to in this order, XB and TB are to pay BQ $13,800 (which is GST inclusive)....

6. [2024] NZEnvC 145 Braeburn Property Limited v Christchurch City Council [pdf, 189 KB]

   ...application for a declaration is to be served on every person directly affected by the application. In that regard I accept Mr Cooper’s submission and hold that every person who lodged a submission on Chapter 4 of the proposed regional policy statement, and every person who has an interest in land in the vicinity of the proposed metropolitan limits, is not thereby directly affected by the application. It is to be remembered that what the Tribunal is being asked to do by this app...

7. XX v ND [2024] NZDT 749 (16 November 2024) [pdf, 100 KB]

   ...because it is supported by evidence provided by each of the parties. ND provided a summary sheet, which he says CI0301_CIV_DCDT_Order Page 2 of 4 shows he made 19 separate instalment payments to XX. XX says she has now fully reconciled her bank statements and accepts this amount has been paid. 8. ND says he made further payments in cash, however that is disputed by XX. Whether the full amount owing by ND has been paid is discussed further below. Has ND paid the amount owi...

8. [2010] NZEmpC 86 Gwilt v Briggs & Stratton NZ Ltd [pdf, 41 KB]

   ...pages, rather curiously, this memorandum is not included. What is included is an email exchange between the parties apparently on 24 March, regarding the sums that the Authority’s determination required the defendant to pay. These included a statement that the plaintiff intended to enforce payment. 1 AA35/09, 9 February 2009. [14] By contrast the plaintiff’s affidavit does annex Ms Lewis’s memorandum. He states t...

9. [2012] NZEmpC 94 Gini v Literacy Training Ltd [pdf, 93 KB]

   ...Training deposited with the Court the sum of $15,140 pursuant to an agreement that had been reached between the parties whereby there would be a stay of enforcement of the Authority’s determination pending the outcome of the challenge. [5] In her statement of defence dated 9 December 2011, Ms Gini cross- challenged seeking increases in the amounts awarded for loss of remuneration and compensation. She also sought an order for costs in both jurisdictions. On 21 December 2011, th...

10. Committee on the Elimination of All Forms of Racial Discrimination – concluding observations 18th-20th reports [pdf, 191 KB]

    ...Committee regrets the recent inflammatory remarks by a Member of Parliament vilifying persons from Central Asia or the Middle East based on their skin colour and country of origin as well as their religion, but welcomes the strong criticism of such statements by the Minister of Justice and Ethnic Affairs and the Race Relations Commissioner, among others, as well as the unanimous resolution passed by the Parliament reaffirming the State party’s commitment to preserving an inclusive m...