Search Results

1. 2014-Environment-Court-Practice-Note.pdf [pdf, 286 KB]

   ...Court, at all stages of any proceeding, to work constructively together to ensure that case management objectives are achieved. This duty extends to treating each other respectfully and professionally. Counsel also have a duty to keep their clients informed of possible solutions to issues, and of alternatives to litigation that are reasonably available. (b) All parties, whether or not represented by counsel, have a duty to the Court, at all stages of a proceeding, to work constructively...

2. Tipene - Taiwhakaea B Block (2020) 241 Waiariki MB 115 (241 WAR 115) [pdf, 302 KB]

   ...Waiariki MB 235-238 (235 WAR 235-238) 241 Waiariki MB 116 Yesterday, Mrs Maxwell, on behalf of the trustees, applied for directions on an urgent basis. It is said that one of the trustees, Mr Newton, did not disclose on the trustee consent form that he had a criminal conviction. It was also said that, as a result, there may be impediments or delays to the opening of a bank account for the trust. This is particularly relevant because the trust has received confirmation of a s...

3. Application for Property Orders [pdf, 682 KB]

   ...Tenancy Order then the order you need is called a Furniture Order. If you are applying for an Occupation Order or Tenancy Order then the order you need is called an Ancillary Furniture Order, and you should complete a different page of the application form. Page 1 of the application form will direct you to the appropriate page. Who can apply for a Property Order? You can apply for a Property Order only if you already have a Protection Order or if you apply for a Protection Order at the sam...

4. [2011] NZEmpC 80 NZ Professional Firefighters Union v NZ Fire Service Commission [pdf, 96 KB]

   ...On 2 May 2011 the parties, not having reached agreement in the course of their collective bargaining commenced in late 2010, discussed ways to address this as required by cl 10(a) of the BPA. It was agreed that the Commission would prepare its form of collective agreement which the Union would put to a vote of members. As a matter of law, this would not have been a ratification vote because the parties had not settled a collective agreement and indeed had not agreed upon its conte...

5. XQ v T Ltd [2022] NZDT 85 (8 February 2022) [pdf, 214 KB]

   ...in the rarest of circumstances, as set out in the section. I do not consider any of these exceptions apply in this case, and therefore I am unable to award XQ costs. Referee: M Wilson Date: 8 February 2022 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

6. TB v DF Ltd [2020] NZDT 1370 (9 October 2020) [pdf, 227 KB]

   ...concert on 16 February 2020. That equates to approximately 50% of the full price of the two tickets she purchased (including fees). 2. TB says Sir Elton John had “walking pneumonia” so didn’t get to see the whole concert. Sir Elton John performed for less than 2 hours and only played 14 of the songs on his songlist of 24. She says he had consistently played 24 songs on tour and he should have cancelled before the concert. 3. DF Ltd was represented at the hearing by BT (the C...

7. NQ & SS v QG & Ors [2024] NZDT 83 (9 January 2024) [pdf, 218 KB]

   ...compensation for that act must therefore fail. Was a misrepresentation made about the contribution to fencing? 22. The counterclaim by QG and NC seeks payment of a $1,500.00 contribution to fencing which they say was agreed by SS. NQ and SS offer two forms of defence to this claim: a. first, that if an agreement was made it should not be enforceable because QG and NC misrepresented the reasons they wanted a new fence; b. second, that if an agreement was made it was only ever a c...

8. Auckland Standards Committee v Morahan [2015] NZLCDT 29 [pdf, 459 KB]

   ...description of the legal problem in the client’s words together with a full background; (ii) photo identification; 5 Exhibit “GWT 10” BoD at 30. 5 (iii) a Letter of Engagement in the form required by the solicitor; (iv) a financial retainer for the solicitor and counsel. (b) The client was introduced to him in an indirect fashion (they never met) but no retainer arrangement was concluded. [13] The solicitor impresse...

9. ENVC practice note 2014 [pdf, 263 KB]

   ...at all stages of any proceeding, to work constructively together to ensure that case management objectives are achieved. This duty extends to treating each other respectfully and professionally. Counsel also have a duty to keep their clients informed of possible solutions to issues, and of alternatives to litigation that are reasonably available. (b) All parties, whether or not represented by counsel, have a duty to the Court, at all stages of a proceeding, to work constructively...

10. EF v G Ltd NZDT [2021] 1530 (24 February 2021) [pdf, 229 KB]

    ...case the claim and counterclaim are essentially two halves of the same coin. The result must therefore be that if the counterclaim fails, the claim must succeed. 10. The rest of this decision addresses the substance of the counterclaim. The information provided by EF in his written claim and in the initial hearing is also taken into account in that context. 11. Following the second hearing on the counterclaim the issues to be addressed are now as follows: a) Was a debt due and...