Search Results

1. Justice-Factsheet-for-claimant-funding-for-Tuapapa-Stage.pdf [pdf, 303 KB]

   This factsheet provides information about the funding and support available to help claimants participating in Tūāpapa o Te Tika events in May and June 2023. These events will be held by the Waitangi Tribunal as part of Te Rau o te Tika, the Waitangi Tribunal’s Justice System Kaupapa Inquiry (Wai 3060). This factsheet includes information on: • Who can apply for funding to attend the events • What type of costs can be funded • What the Ministry can book and

2. ED v CC [2022] NZDT 228 (25 November 2022) [pdf, 206 KB]

   ...in the end, sent to CC. 7. The issues I have to consider are: a. Was there a contract between ED and CC? b. If so, is ED entitled to payment for the eggs and the freight costs? Was there a contract between ED and CC? 8. A contract is formed when there is an agreement between the parties, or where there is a meeting of the minds between them. Often this relies on an offer, and acceptance of that offer. There must be certainty about the terms that have been agreed to....

3. Burns - Maurice Hikana Nutira (2016) 41 Te Waipounamu MB 21 (41 TWP 21) [pdf, 179 KB]

   ...Russell stated: 4 Te Ture Whenua Māori Act 1993, s 100(1), s102(b). 5 Wills Act 2007, s 31. 6 Wills Act 2007, s 32(4). 41 Te Waipounamu MB 25 Please find attached my signed consent form to the Maori Land Court. I am confused as to why I am required to sign this form as no land belonging to my father Maurice Hikana Nutira was ever owned by us, his children. As per my father’s instructions in life and in death all h...

4. KN Ltd v UC [2022] NZDT 194 (24 May 2022) [pdf, 99 KB]

   ...4 9. At the end of the auction, and before payment was made, UC was handed an Invoice which listed all the items she had purchased, with individual prices, and showing the total to be paid of $868.83. 10. In this case the auctioneer has performed its part of the contract. The issue is whether the auctioneer has agreed to release UC from her obligation to pay the full price, or whether there has been a discharge by way of accord and satisfaction. 11. I find that the auctioneer h...

5. Justice-Factsheet-for-claimant-funding-for-Tuapapa-Stage-v7.pdf [pdf, 817 KB]

   This factsheet provides information about the funding and support available to help claimants participating in Waitangi Tribunal events/hearings for Tomokia ngā tatau o Matangireia – the Constitutional Kaupapa Inquiry (Wai 3300) or Te Rau o te Tika – the Justice System Kaupapa Inquiry (Wai 3060). This factsheet includes information on:  Who can apply for funding to attend the events  What type of costs can be funded  What the Ministry can book and pay for u

6. AV v ZE [2014] NZDT 668 (8 October 2014) [pdf, 23 KB]

   ...of Student Fees Refunds, Trust Account.” Is AV bound by the 20 consecutive missed days rule? [9] AV’s enrolment in the course is a contract between her and the school. It is governed by the ordinary rules of contract law. A contract is formed when two people have a meeting of the minds. One person makes an offer of what the contract is to be and the other accepts. It often happens that one party is not fully aware of all of the detailed terms of a contract they have accept...

7. AODTC - Duty lawyer instructions - Auckland & Waitakere District Courts [pdf, 187 KB]

   ...Supervisor, PDS, and at least one AODTC Lawyer team leader may admit an additional person to the AODTC Lawyer roster by:  Reviewing the list of original applicants for the positions  Identifying a suitable replacement after considering the information listed in the original application material appointment process and the criteria set out in that application material, and taking into account the particular needs of the Court and the AODTC Lawyer team requiring the replacemen...

8. FL v C Ltd [2023] NZDT 248 (30 June 2023) [pdf, 185 KB]

   ...and therefore not returnable or refundable pursuant to s20 of the CGA. The sixth was not returned to C Ltd for remedy or refund. 17. It has not been proven that the dresses were defective or could not be remedied. Alterations were expected and formed part of the contract. The measurements were provided by the bridesmaids. There is no comparative evidence from FL to show that the dresses did not match the measurements provided. 18. The dresses that were sent to the C Ltd for al...

9. C Ltd v HM [2023] NZDT 768 (18 December 2023) [pdf, 120 KB]

   ...attended the first hearing, which was adjourned because his phone battery ran out. He did not attend today’s hearing. The absence of a party does not prevent the hearing going ahead. 5. The issues to be determined are: a) Was a binding contract formed and, if so, what was agreed regarding delivery? b) What sum, if any, is payable? Was a binding contract formed and, if so, what was agreed regarding delivery? 6. The common law of contract allows parties to enter into legally...

10. G Ltd v H Ltd [2024] NZDT 236 (8 March 2024) [pdf, 179 KB]

    ...implied term of the contract? 6. The relevant law is the common law of contract, under which parties can enter into legally binding agreements, and the Contract and Commercial Law Act 2017 (CCLA). A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. CI0301_CIV_DCDT_Order Page 2 of 3 7. Despite the expressed reason for the client terminating the contract being failure to engage with the brief, the designer pointed out t...