Search Results

1. Standard explanation of effects and implications of anEPA in relation to property [pdf, 249 KB]

   ...together (jointly) or can act separately (severally). You can also appoint successor attorneys, cancel (revoke) previous EPAs, determine the extent of your attorney’s authority to act, and say who they must consult. See sections B to M of the EPA form for these options. Your attorney can make decisions only on the property matters you specify in the EPA. Your attorney has to follow any conditions and restrictions in your EPA and in the Act. Unlike an ordinary power of attorne...

2. Hill - Mangatainoka 1BC NO2B NO3 [2018] Chief Judge's MB 250 (2018 CJ 250) [pdf, 152 KB]

   ...discussed with His Honour Judge Doogan. 5. The applicant also filed leave to appeal out of time in terms of s.58(3) of the Act. This application does not specify any reasons for the delay in filing the Notice of Appeal, but does refer to fresh information has come to hand that support an appeal. 6. In relation to the application for leave to appeal out of time no fee has been filed, however the applicant also filed a request for the filing fees to be waived on the 2018 Chief J...

3. [2015] NZEmpC 144 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 117 KB]

   ...amended statement of claim filed on 24 June 2015 pleaded three variations of an unlawful lockout cause of action. First, the plaintiffs alleged that the defendant’s refusal to engage union members for employment, other than on the defendant’s form of individual employment agreement, constituted an unlawful lockout. The second cause of action was an alternatively particularised allegation of unlawful lockout. The third cause of action was a second alternative particularisation...

4. ENV-2016-AKL-000189 Cabra Rural Developments Limited & Others v Auckland Council [pdf, 2.2 MB]

   ...sustainable management of resources . (b) The provisions in paragraph 7 above have been added, deleted or amended outside of the scope of submissions, contrary to section 148 (1) LGATPA. (c) The Council's decision is based on incomplete information. In particular the decision-makers did not consider or have access to: i. Interim Guidance provided by the Independent Hearings Panel for RPS Topic 013; ii. Updated Interim Guidance text for RPS Topic 011 - Rural Subdivision; iii. T...

5. BI v YP & Ors LCRO 115 / 2010 (4 April 2011) [pdf, 97 KB]

   ...question why the Committee had not adjusted the lawyers’ fee. [12] I do not agree with the Applicant’s interpretation of the Committee’s decision. The Standards Committee made no adverse finding against the Practitioners, having 4 formed the view that the Practitioners’ conduct did not reach the threshold that would constitute unsatisfactory conduct. Therefore there was no justification for a fees adjustment for that reason. For the sake of clarification, I will a...

6. UI & I Ltd v S Ltd & C Ltd [2023] NZDT 750 (16 December 2023) [pdf, 149 KB]

   ...regarding the Truck and the engines took place over some years, as detailed below. Did I Ltd (or its nominee) have a contract with S Ltd, and if so, what was agreed about transportation? 6. Under contract law, 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, and what was agreed is looked at objectively, i.e., by looking at...

7. LCRO 65/2019 PT v [Area] Standards Committee [X] [pdf, 164 KB]

   ...Conduct and Client Care) Rules 2008 (the Rules) that dealt with two matters involving conduct on the part of Ms PT (the report). The Committee requested information from Ms PT, considered the report and the information Ms PT had provided, and formed the view that Ms PT’s conduct in respect of one of those matters – sending herself an email attaching confidential information – would be regarded as unacceptable by lawyers of good standing. A finding of unsatisfactory conduct w...

8. DE v TQ [2021] NZDT 1572 (20 July 2021) [pdf, 219 KB]

   ...from B in the same manner and to the same extent as if the representation were a term of the contract that has been breached. A representation is a statement of fact, made by one contracting party to another, before or at the time the contract is formed. If that representation induced the party relying on it to enter into the contract, and that representation turns out to be incorrect, it is a misrepresentation to which s35(1)(a) of the CCLA applies. 8. TQ advertised the Boat for sale...

9. CEIT Homeowners Guide [pdf, 1.4 MB]

   ...what to expect as they participate in the process. There are five parts: 1. Who can apply – this is the first step in the process, and this section lets you know if your case is eligible. 2. How it works – each step explained 3. Other useful information – including information on mediation, using representatives, withdrawing a claim and reaching settlement. 4. Conduct expectations – a guide for all parties as to the behaviour and conduct expected of them during the Tribunal p...

10. KD and FO v LWF Ltd [2020] NZDT 1446 (19 August 2020) [pdf, 216 KB]

    ...ORDER OF DISPUTES TRIBUNAL District Court [2020] NZDT 1446 APPLICANT KD and FO RESPONDENT LWF Ltd The Tribunal hereby orders: LWF Ltd is to pay $5039.27 to KD and FO on or before 9 September 2020. Reasons 1. KD and FO formed a contract with LWF Ltd on 8 February 2019, to hold their wedding, planned for 4 April 2020, at LWF Ltd's wedding venue. 2. The contract price was variable according to the number of wedding guests with final guest numbers to be...