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1. ET & HT v SX [2024] NZDT 139 (16 March 2024) [pdf, 229 KB]

   ...CCLA, whether there has been a breach of those terms and, if so, to what remedy is ET and HT entitled. Findings The contract 5. No written contract was entered into. Both parties are members of Dogs NZ which does provide a written form of contract but neither availed themselves of the use of the form. Consequently, the sale was simply an exchange of ownership of the dog for the price paid. As [dog] is registered with the NZKC, the appropriate paperwork was signed for reg...

2. Matchitt v Patchell - Torere 64 Incorporation (2019)212 Waiariki MB 155 (212 WAR 155) [pdf, 298 KB]

   ...Incorporations Constitution Regulations 1994 (“the Regulations”) differentiate between postponements and adjournments and stipulate the process to be followed when a meeting is postponed, and another called. The Regulations, together with the form of the proxy to be used, make it clear that proxies must specify the meeting at which the proxy may be used. He says that the proxy forms filed will confirm that the proxies were for the 8 December 2018 meeting, and any adjournment of...

3. 2013 archive

   On this page: Consultation response paper for new family legal support service Family Justice System Changes - Ministry of Justice Seminars - November 2013 New family legal support service Criminal case assignment report Legal aid forms Parole proceedings Legal Services Amendment Act 2013 - 2 September 2013 Changes to parole proceedings following Legal Services Amendment Act Duty lawyer - completing legal aid applications Criminal Procedure Act 2011 - 1 July 2013 New criminal fixed fee and com...

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4. [2016] NZSSAA 043 (16 May 2016) [pdf, 55 KB]

   ...difficult to predict income. 3 (iii) Mr XXXX’s inclusion as a non-qualified spouse was made at the recommendation of the Ministry of Social Development. The appellants were advised that income would be averaged over the year. (iv) Forms appear to have been filled out incorrectly. (v) The assessment of income at $6,112.32 suggests that the Ministry were aware of a possible misunderstanding about the appellants’ income. (vi) The appellants were led to believe that it...

5. ME & NN v QU Ltd [2021] NZDT 1494 (5 May 2021) [pdf, 200 KB]

   ...contract between NN and ME and QU, was the contract frustrated? CI0301_CIV_DCDT_Order Page 2 of 5 c) Is QU liable to refund the balance of $4,000.00 and should it be allowed to retain an amount to cover expenses incurred for the purpose of performing the contract? As regards the [package] tour, did QU contract with NN and ME on its own behalf, or as an agent for a supplier? 6. Agency is a relationship which arises when one person (the principal) authorises another person (...

6. G21: Without notice interlocutory application for substituted service & affidavit [pdf, 211 KB]

   MOJ0188.1-FEB16_G21 – WITHOUT NOTICE INTERLOCUTORY APPLICATION FOR SUBSTITUTED SERVICE & GENERAL AFFIDAVIT 1 Changing the way I serve divorce papers WITHOUT NOTICE INTERLOCUTORY APPLICATION FOR SUBSTITUTED SERVICE (G21) AND AFFIDAVIT When to use this form Use this form when you’re applying for a divorce (dissolution of marriage or civil union) and the divorce documents can’t be given onto the other person in the normal way (personally handed to your spouse or partner by someone...

7. AJ v IO Ltd & TF Ltd [2021] NZDT 1692 (10 December 2021) [pdf, 126 KB]

   ...of the guarantee of acceptable quality in the Consumer Guarantees Act? b. If yes, is IO Ltd liable for damages, and if so how much, for the following: i. Refund or replacement ii. Consequential financial losses iii. Consequential losses in the form of emotional harm. c. If yes, is TF Ltd liable for damages, and if so how much, for the following: CI0301_CIV_DCDT_Order Page 2 of 5 i. Refund or replacement ii. Consequential financial losses iii. Consequential losses in the form of...

8. [2007] NZEmpC WC 10/07 Nola & Anor v Harvey [pdf, 43 KB]

   ...challenge to the Employment Court rather than to the District Court. They were told they had 28 days from the date of the determination to do this, the amount of the fees required, and that they should contact the Employment Court for the necessary forms. [9] At 8am on Friday, 7 November 2006, a statement of claim and the required fee were received by mail by the Employment Court. The claim was dated 3 November 2006 and an accompanying letter was dated 2 November 2006. This let...

9. Warren v Harwood - Hongoeka 7 Block and Lots 2 and 3 on DP 42094 (2007) 197 Aotea MB 299 (197 AOT 299) [pdf, 1.9 MB]

   ...including Mr Harwood 's land and two blocks relevant to the present proceedings, commonly known as the Pikiwera whanau block and the Pomare block. [2] Over several decades, the Maori roadway has not been used and instead a roadway has been formed across the relevant blocks running parallel with the Maori 197 Aotea MB 300 roadway. Put another way, pa11 of the Maori roadway runs across what is now the beach while a sealed road has now been formed several metres inland from th...

10. OH Ltd v NI Ltd [2020] NZDT 1320 (30 September 2020) [pdf, 194 KB]

    ...of $3,087.15 for maintenance costs incurred after May 2020, plus the cost of removing the doors ($3,796.15). NI paid for the maintenance costs, which left only the removal costs in dispute. 4. The issues to be resolved are: (a) Which documents formed part of the contract between OH and NI? (b) In what circumstances was OH entitled under that contract to claim removal costs? (c) Are removal costs recoverable? Which documents formed part of the contract between OH and NI? 5. Th...