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1. QB v OL [2021] NZDT 1563 (7 December 2021) [pdf, 164 KB]

   ...referred to considering a proposal, not agreeing to a specific one, and it also suggested it would be funded by working it into the build budget. Such a plan would then be conditional on a build. At the conclusion of the text exchange, there was no formed contractual obligation, simply an invitation to submit a more detailed proposal. When QB was more specific, and suggested a figure, this amounted to an offer. As the purchasers did not reply, and the Agreement was renewed at the purc...

2. SN v J Ltd & T Ltd [2023] NZDT 606 (15 November 2023) [pdf, 231 KB]

   ...Ltd is dismissed. The claim by SN against T Ltd is dismissed. The claim by SN against IT is struck out because IT was not served with the claim. Reasons: 1. In or about August 2022, J Ltd listed its [vehicle] for sale on [the online platform]. On or about 29 August 2022, SN confirmed the purchase of [vehicle] for $37,000.00, by using [the online platform]. 2. Between 29 August 2022 and 5 September 2022 there were some brief messages between SN and IT on behalf of J Ltd. T...

3. TC & AK v BH & TH [2021] NZDT 1306 (25 March 2021) [pdf, 250 KB]

   ...Contractor Payment? c) Are TC and AK entitled to the sum claimed? Did the Trustees breach the contract when they did not pay the final Contractor Payment to TC and AK? 4. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at w...

4. ENV-2016-AKL-000270 Tram Lease Limited v New Zealand Transport Agency [pdf, 2.9 MB]

   ...plan – s 157(1) of the LGATPA – State Highway 1 – Newmarket Viaduct Height Restriction (6727) And: Tram Lease Ltd Appellant And: New Zealand Transport Agency Requiring Authority And: Auckland Council Local Authority 2 Form 7 NOTICE OF APPEAL TO ENVIRONMENT COURT AGAINST DECISION ABOUT DESIGNATION IN AUCKLAND COMBINED PLAN Section 157(1), Local Government (Auckland Transitional Provisions) Act 2010 1 Tram Lease Ltd (TLL) appeals against a decision...

5. L v Kim [2015] NZIACDT 73 (04 June 2015) [pdf, 147 KB]

   ...MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN K L Complainant AND Mijin Kim Adviser THE NAME AND ANY INFORMATION IDENTIFYING THE COMPLAINANT IS NOT TO BE PUBLISHED DECISION REPRESENTATION: Registrar: In person. Complainant: In person. Adviser: In person. Date Issued: 4 June 2015 2 DECISION...

6. Te Manutukutuku Issue 7 [pdf, 533 KB]

   ...she represented the Crown position with integrity and understanding and we wish her well in her future care.er. It seemed important that 1990, the 15th anniversary of the passing of the Treaty of Waitangi Act under which the Waitangi Tribunal was formed, should be a successful year for the Tribunal. I think that success is best reflected in the Tribunal's current workload statistics: • total registered claims 167 • total claims reported 21 claims in proceedings (includes h...

7. 2023-10-10-Rebuttal-Evidence-of-N-Keenan-Stormwater.pdf [pdf, 255 KB]

   ...concern (statement of evidence 26/09/2023 paragraphs 10-26) is that Regional Councils will not have further and final opportunity to review the details of the proposed stormwater management designs closer to the end of the design phase, and then to formally certify the designs prior to construction phase. Mr Farrant seeks further Council consideration and verification be applied to ensure that the designs function as intended and are maintainable. Responses 9. The design may be...

8. Wilson - Oue 2B3 [2015] Chief Judge's MB 215 (2015 CJ 215) [pdf, 219 KB]

   ...March 2014 he had met with 17 lawyers to no avail, and therefore he filed the s 45 application himself. He received a response dated 31 March 2014 in which the Deputy Registrar advised that the application was not accepted as it required further information. [8] The applicant states that a friend’s lawyer referred him to an Auckland law firm. A lawyer agreed to act on his behalf. However, after waiting seven weeks with no word from the firm, the applicant collected his papers f...

9. [2023] NZIACDT 14 - II v Sun (26 April 2023) [pdf, 118 KB]

   ...Immigration New Zealand (Immigration NZ) completed an initial assessment of the application and wrote to the complainant, care of Mr Sun, on 18 November 2019, setting out numerous concerns with the application. He was invited to provide further information. [8] On 28 November 2019, Ms M, an employee of Heytour in China, rang the complainant (who was in China) and told him that Immigration NZ was not satisfied with the predicted finance figure, so he would need to sign a withdrawal...

10. Wellington Standards Committee 2 v Austin [2016] NZLCDT 33 [pdf, 62 KB]

    ...conduct and to withdraw the earlier proposed alternatives of misconduct and negligence. Leave was granted accordingly and following submissions on penalty the Tribunal imposed the following orders: 1. A censure was given to the practitioner, the form of which is attached as Appendix 2 to this decision. 2. A fine of $3,000 was imposed. 3. An order for costs of the Standards Committee in the sum of $11,086, pursuant to s 249. 4. An order was made pursuant to s 257 against the New...