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1. SC v OX [2023] NZDT 548 (21 September 2023) [pdf, 108 KB]

   ...in that arrangement retrospectively, after SC had given notice and after a dispute had arisen about how bills were to be shared. I therefore find that SC is not liable to pay the $810 rental claimed for six weeks half-share of the empty room that forms part of OX’s counter-claim calculations. What bill payments is SC liable to pay? 9. I find OX’s other bill payment amounts claimed under the counter-claim to be reasonable and supported by evidence, with the exception of the late...

2. [2017] NZEnvC 004 Tram Lease Limited v New Zealand Transport Agency [pdf, 210 KB]

   ...usual requirement to lodge a signed original and 1 copy of any s274 notice with the Court, and a direction instead that anyone seeking to join the appeal as a s274 party may, as an alternative to complying with the usual requirements of s274 and Form 33 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003 (the 2003 Regulations), be allowed to file an electronic copy of any s274 notice by email to the Court's dedicated email address for s 157 appeals (unitary...

3. M Ltd v KE [2023] NZDT 435 (4 September 2023) [pdf, 208 KB]

   ...evidence, I am not able to conclude the quote was expressly discussed during these calls. Again, without more, neither party is able to show on the balance of probabilities that their recollection is more likely to be correct. 10. For a contract to be formed, there must be a clear agreement between the parties about the key terms of the contract. Here they agreed how terms of the contract would be reached – namely that an inspection of the property would occur and then M Ltd would pr...

4. KT v HI & KX [2023] NZDT 403 (28 August 2023) [pdf, 101 KB]

   ...then reinforce the position of buyer beware in private sales, except in limited circumstances. 10. However, there is relief available for a buyer of a good in a private sale when a misrepresentation is made in the process of the contract being formed. Under section 35 of the CCLA when someone has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages as if the representation were a term of the contract that has been...

5. RK v KS [2021] NZDT 1349 (20 April 2021) [pdf, 224 KB]

   ...then reinforce the position of buyer beware in private sales, except in limited circumstances. 7. There is, however, relief available for a buyer of a good in a private sale when a misrepresentation is made in the process of the contract being formed. Under section 35 of the CCLA when someone has been induced to enter a contract by a misrepresentation, whether innocent or CI0301_CIV_DCDT_Order Page 2 of 4 fraudulent, that person is entitled to damages as if the representation wer...

6. BORA Tariff (Malaysia Free Trade Agreement) Amendment Bill [pdf, 188 KB]

   ...Agreement in the application of sections 15A to 15H. These sections relate to the application of transitional safeguard measures to various countries with which New Zealand has a free trade agreement. Safeguards are temporary measures, usually in the form of a duty, in order to: a) provide temporary protection to a domestic industry from serious injury caused by increased imports; and b) facilitate adjustment by a domestic industry to increased competition from increased import...

7. ENV-2016-AKL-000273 Housing New Zealand Corporation v Auckland International Airport [pdf, 1.2 MB]

   ...Corporation), hereby covenants, acknowledges and agrees with the Grantee as a covenant for the benefit of the Grantee 3 itself and its lessees, licensees and invitees on the Dominant Tenement from time to time, that the Grantor will observe and perform all the stipulations and restrictions contained in Schedule One of this Annexure Schedule to the end and intent that each of the stipulations and restrictions shall, in the manner and to the extent prescribed, ensure for the ben...

8. AAF and AAG v ZZU [2010] NZDT 45 (26 February 2010) [pdf, 71 KB]

   ...property; and (iii) the recovery of any property. [9] The Injury Prevention Rehabilitation and Compensation Insurance Act 2001 gives the Accident Compensation Corporation exclusive jurisdiction over claims for damages arising directly or indirectly form personal injury. [10] The claim falls outside the jurisdiction of the Tribunal. [11] The Applicants have requested a refund of the filing fee. That is an administration cost and not subject to my direction....

9. Māori Purposes Bill [pdf, 198 KB]

   ...the Rotoaira Trout Fishing Regulations 1979, and the Maori Trust Boards Regulations 1985. 1 Lake Rotoaira is defined in s 3 of the Maori Purposes Act 1959 as meaning “the body of water known as Lake Rotoaira; and includes the adjoining waters forming part of the Lake.” Consistency of the Bill with the Bill of Rights Act Clause 15 and 16 of the Bill 7. The Lake is Māori freehold land with over 11,000 beneficial owners and the Trust, an ahu whenua trust, administers the...

10. Companies Office Funding Validation Bill [pdf, 126 KB]

    ...all 16 of the corporate registers it maintains. It also expressly authorises the Companies Office to use existing surplus funds to cover predicted short falls on its registers after 1 July 2022, until its new funding system is implemented. The Bill forms a package with the Companies (Levies) Amendment Bill, which lays out the legislative framework for the new funding system. 7. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of R...