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1. DK v VP Ltd & VPV [2016] NZDT 944 (6 April 2016) [pdf, 86 KB]

   ...terms and conditions recognise this at clause 10. [11] DK is a consumer as above and there is no evidence to suggest he was ‘in trade’ at the time he engaged VP Limited to park his car. Even if he was, I note there is nothing on the booking form provided by VP Limited that records that he is ‘acquiring the service in trade’. Any contracting out agreement where both parties are ‘in trade’ is required to be in writing and no such agreement has been formed in this case....

2. Tana v Mahanga - Pukahakaha East 5B (2022) 255 Taitokerau MB 229 (255 TTK 229) [pdf, 267 KB]

   ...of the Judicial Conference (being 8 July 2022).2 [6] Rule 4.2 of the Māori Land Court Rules 2011 provides: 1 Applicant’s Submissions on Costs 1 November 2022, at [5]-[10]. 2 252 Taitokerau MB 171. 255 Taitokerau MB 231 4.2 Form of application or other proceeding (1) An application or other proceeding must be filed by using the appropriate form set out in the Schedule (2) The general form of application (see form 1) must be used if these rules do not require...

3. GJG ltd v SQS Ltd [2018] NZDT 1072 (26 April 2018) [pdf, 290 KB]

   ...entitled to a refund? What was agreed between the parties? [5] The relevant law is the law of contract, the Fair Trading Act 1986 (FTA), and the Contract and Commercial Law Act 2017 (CCLA). A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. [6] GJG argued that this was a case of buyer’s remorse, and that Mrs QS had been informed about the payments that would be taken under the twelve-month contract. Howev...

4. ENVC Hearing 6Oct14 WML rebuttal Robert Pryor [pdf, 12 MB]

   ...proposed marina would be absorbed or integrated by its surrounds. (d) The degree of effect of moored vessels on natural character. (e) The significance of the viewing point on Nick Johnstone Drive (at the Rocky Bay Store sculpture) and the informal viewing point at Delamore Drive. 2 (f) The future environment of the Matiatia Bay area enabled through the Operative 2013 District Plan HGI provisions for the Mixed Use/Transport zone. (g) Recreational users and tourists as...

5. Freemans Bay Residents Association Inc 187 [pdf, 527 KB]

   ...Street Residents (an unincorporated body of persons) And: Auckland Council Local Authority And: Freemans Bay Residents Association Inc Section 274 Party Notice of person's wish to be party to proceedings Dated: 23 September 2016 Form 33 NOTICE OF PERSON'S WISH TO BE PARTY TO PROCEEDINGS Section 274, Resource Management Act 1991 To: The Registrar Environment Court Auckland 1 Freemans Bay Residents Association Inc (FBRA), wishes to be a party to the fol...

6. Gender Pay Gap Action Plan 2020 A3 version [PDF, 399 KB]

   ...collaboratively with the Public Services Association to develop our ActionPlan. Our working group comprising HR personnel, PSA delegates and members of our Women’s Network meet regularly to discuss and progress our four key work streams that form our goals. Ministry of Justice & Te Arawhiti Gender Pay Gap Action Plan 2020 WHAT IS THE GENDER PAY GAP?. Our current Gender Pay Gap as at 19/02/2020 is 12.1%* The causes of gender pay gaps are complex. Pay gaps can develop unintentio...

7. [2012] NZEmpC 77 Premier Events Group and Anor v Beattie and Ors [pdf, 70 KB]

   ...client’s witnesses that the Court and the parties have had since mid-April. [4] In making the decision I am about to, reference should be had to my admissibility interlocutory judgment of 1 May 2012 1 and the reasons for that which are now in draft form but will not be able to be issued realistically until after the weekend that is upon us. 1 [2012] NZEmpC 71. [5] I propose to address each of the paragraphs or parts of paragr...

8. BORA Te Arawa Lakes Settlement Bill [pdf, 349 KB]

   ...excluded. (Clause 16) 3. In broad outline, the Bill would vest title to the bed of the Rotorua lakes in Trustees of the Te Arawa Lakes Trust. Those beds are currently vested in the Crown by the Maori Purposes Act 1922. The vesting is expressed to be a form of "cultural redress" for certain historical events accepted as having breached the principles of the Treaty of Waitangi. 4. The vesting of the fee simple estate under clause 22 is subject to a number of qualifications. The...

9. [2022] NZEnvC 142 Careys Bay Association Incorporated v Dunedin City Council [pdf, 243 KB]

   ...(1) the appeal is allowed to the extent that Dunedin City Council is imboded Env Seal 2 directed to make the amendments to the provisions of the proposed Dunedin City Second Generation District Plan as shown in Appendix 1, attached to and forming part of this order; (2) the parts of the appeal by Port Otago Limited allocated DCC Reference numbers 23 and 25 are resolved, the appeal remains extant ·with the remaining part to be dealt with at a later date; (3) the parts of the...

10. Gilford v Accident Compensation Corporation [2016] NZACA 03 [pdf, 75 KB]

    ...numerous potential issues and disputes on this appeal, but they do not arise out of the August 1997 decision or the reviewer’s decision of 3 April 2016. [17] In particular, Mr Guilford now seeks reimbursement of his treatment costs and other forms of compensation and entitlements arising out of coverage of the mental consequences of the injury. However, there has been no decision by the Corporation on any such entitlements. [18] I appreciate that in the August 1997 decision,...