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1. Hoko - Papamoa 2A1 (2001) 68 Tauranga MB 96 (68 T 96) [pdf, 1.4 MB]

   ...above conditions. However Te Ture Whenua Maori Act is different from most other legislation in that it contains other provisions relative to interpretation. These include the Preamble to the Act and Section 2. The Preamble includes the following statement - " And whereas it is desirable to recognise that land is a taonga tuku iho of. special significance to Maori people and, for that reason, to promote the retention of that land in the hands of its owners, their whanau, and their...

2. Auckland Standards Committee 2 v Nguy [2021] NZLCDT 4 [pdf, 161 KB]

   ...practitioner was apprised of the action throughout. The vendor obtained summary judgment against Mr C in the High Court on 3 November 2020. The Court order records that the practitioner acted for Mr C in the summary judgment proceeding and consented to the terms of the order on behalf of his client, Mr C. The fact of judgment seems to have prompted Mr C’s complaint to the Law Society. [14] While summary judgment proceedings were underway, the practitioner made various represe...

3. N Ltd v B Ltd, SL, & I Ltd [2022] NZDT 236 (7 July 2022) [pdf, 150 KB]

   ...someone else or not) dumped soil on N Ltd’s (N LTD) property then I LTD would be vicariously liable for SL’s actions. However, since then I LTD was put into liquidation. Proceedings cannot continue in relation to a company in liquidation without the consent of the liquidator. 3. SX and KX represented N LTD and LD represented B Ltd (B Ltd) at the hearings. 4. LD says B Ltd hires out its truck (with a driver) and that SL hired the truck on 23 November 2019 to cart soil from [Tow...

4. TL & UL v Q & QT Limited [2024] NZDT 145 (12 April 2024) [pdf, 167 KB]

   ...and UL then paid a further sum of $56,648.00, bringing the total sum held by the company to $107,148.00. However, in July 2022 the relationship broke down and the second contract was terminated about a week before the plans were lodged for council consent. In August 2022, the company refunded $57,001.50, leaving a sum held of $50,146.50. 3. TL and UL claim $20,503.00, comprising: charges of $9,775.00 for the programme design, $5,728.00 for margins on subcontractor fees, and $5,000.00...

5. XN v LD & S Ltd [2023] NZDT 62 (17 January) 2023 [pdf, 196 KB]

   ...civil wrong that occurs when there has been the unjustified taking of or dealing with someone’s property contrary to their ownership rights. 4. I am satisfied that the car was converted when KG transferred the title to his name without the consent of the applicant and then sold it to the first respondent. Did the respondent get good title to the car when he purchased it? CI0301_CIV_DCDT_Order Page 2 of 4 5. A seller cannot pass on title to goods that she or he does...

6. EC & KC v CT & ZR [2022] NZDT 190 (17 October 2022) [pdf, 199 KB]

   ...OF DISPUTES TRIBUNAL District Court [2022] NZDT 190 APPLICANT EC APPLICANT KC 1st RESPONDENT CT 2nd RESPONDENT (re-joined) ZR The Tribunal orders: 1. ZR is re-joined to claim as a Respondent by consent. 2. The claim is dismissed. Reasons: 3. The Applicants purchased a residential property from the Respondents pursuant to a Sale and Purchase Agreement dated 28 March 2022, with settlement on 6 May 2022. The list of chattels...

7. [2023] NZEnvC 215 Whangarei District Council v Gorbatchev [pdf, 196 KB]

   ...decision delivered orally on 8 August 2023, with a written record of the decision issued 10 August 2023.1 [2] The Council have applied for costs against Mr Gorbatchev under s285 of the RMA. Background [3] On 29 September 2022, the Court issued a consent determination2 on an application for enforcement orders. Within three months or so, Mr Gorbatchev appeared to have complied with the orders. By May 2023 the Council was getting complaints as to the property again. [4] The Cou...

8. IPT-Application-pack-2024 [docx, 50 KB]

   ...unresolved complaints against me. · I have not been made bankrupt, entered into a composition with my creditors, or been disqualified as a director. · I am financially secure. · I know of no other matter which might affect my credibility in office. · I consent to my name being passed to the New Zealand Law Society as part of the consultation process and I authorise the New Zealand Law Society to provide any information it may consider relevant to this application, including details of any...

9. [2024] NZEnvC 263 North Canterbury Fish & Game Council v Canterbury Regional Council [pdf, 300 KB]

   ...Dairy Holdings Limited and Rakaia Irrigation Limited (‘Farming/Irrigation Interests’) all support that position.5 Consideration [10] Under rule 8(1) of the access rules, Mr Williams is able to obtain copies of any Minutes, notices of hearing, consent orders and decisions. The definition of the formal court record does not include affidavits, or memoranda as sought by Mr Williams’ application. [11] In dealing with applications of this kind, consideration should be given to...

10. M Ltd v FL [2025] NZDT 39 (11 February 2025) [pdf, 111 KB]

    ...be paid if the Applicant undertook the following specific works on the site by email: a. Removal of pipework on the site; b. Restoration and resowing of the site; c. Replacement of 6 hedges damaged. 15. The Applicant states that the reinstatement works was concluded but that the Respondent has refused to pay the amounts owing. The Applicant has paid the amount of $892.62 to the earthworks contractor and seeks a reimbursement of that amount as part of this claim. 16. The R...