Search Results

1. HI v LX [2023] NZDT 148 (31 May 2023) [pdf, 199 KB]

   ...are several essential elements to a misrepresentation: a. A statement: In most circumstances, silence cannot be a misrepresentation. There has to be a positive statement, either verbally or in writing. b. Falsity: The statement must be about a matter of fact – something that can be proven or disproven – and not an expression of an opinion. A statement of opinion is not a misrepresentation provided that there are reasonable grounds for holding the opinion. It does not matter...

2. Walker-Grace - Lot 5 Allotment 54 Parish of Matakohe (2020) 214 Taitokerau MB 211 (214 TTK 211) [pdf, 148 KB]

   ...211 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE TAITOKERAU In the Māori Land Court of New Zealand Taitokerau District A20190008363 WĀHANGA Under Section 43, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Lot 5 Allotment 54 Parish of Matakohe I WAENGA I A Between CHARLENE WALKER-GRACE Kaitono Applicant Nohoanga: Hearing 5 December 2019, 207 Taitokerau MB 244-250 (Heard at Whangārei) Kanohi kitea:...

3. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application by NZ Herald for Access to Tribunal File) [2013] NZHRRT 20 [pdf, 44 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 20 Reference No. HRRT 006/2013 UNDER THE PRIVACY ACT 1993 IN THE MATTER OF AN APPLICATION BY THE NEW ZEALAND HERALD FOR ACCESS TO THE TRIBUNAL FILE BETWEEN DIRECTOR OF HUMAN RIGHTS PROCEEDINGS PLAINTIFF AND THE SENSIBLE SENTENCING GROUP TRUST DEFENDANT TRIBUNAL: Rodger Haines QC, Chairperson REPRESENTATION: Mr SRG Judd for plaintiff Mr DA Garrett for defendant Mr D Fisher...

4. Chalecki v Accident Compensation Corporation (Late Filing of an Appeal to the District Court) [2024] NZACC 154 (30 September 2024) [pdf, 149 KB]

   ...scheme is minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. [7] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: 1 Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86, 91. 3 When once an appellant al...

5. Estate of Daniel Malone v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 145 (28 August 2024) [pdf, 203 KB]

   ...economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the Accident Compensation Appeals jurisdiction of the District Court carries potential costs for an appellant and also for the justice system and those involved in it. [7] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: 1 Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86, 91. 3 When once an appellant...

6. UE v TF & KD [2024] NZDT 652 (9 September 2024) [pdf, 196 KB]

   ...in [City 1]. She was advised that the engine was not economical to repair and that a new one needed to be purchased and installed. 2. UE filed a claim against TF seeking damages in the sum of $23,000 which is the cost of a new engine. 3. The matter was first heard on 25 June 2024 before DTR Wilson. Partway through the hearing, a report was mentioned that was supplied by KD to UE which allegedly contained incorrect information. The matter was adjourned to give UE the opportunity to a...

7. EM v KU [2024] NZDT 662 (15 September 2024) [pdf, 193 KB]

   ...$10,300.00. EM says while BM worked hard after school to save and pay for this vehicle, EM himself has suffered a loss because he has had to pay for repairs to his son’s vehicle to make it roadworthy again. BM was unable to attend the hearing of this matter as he was attending school. 2. EM says a few days after BM returned with the vehicle to [City], significant issues were discovered including a considerable oil leak. The vehicle was not driven again but required repairs totalli...

8. DN v MH & WH [2024] NZDT 664 (8 September 2024) [pdf, 193 KB]

   ...distinction because it is clear the type of ‘agreement’ about fencing discussed in the FA and referred to in paragraph 5.a. of this order, is about the actual fencing work to be carried out to erect the fence. That is, agreement about matters such as where exactly the fence will go; what materials will be used; what height the fence will be; when the fencing work will be done; what the fencing work will cost; and what share each neighbour will pay of that...

9. T Ltd v H Ltd [2024] NZDT 735 (15 October 2024) [pdf, 103 KB]

   ...evidence H Ltd’s contract was not with Mr U, but with T Ltd. I am satisfied H Ltd did not exercise sufficient commercial caution or care in adopting a view about Mr U’s authority, and/or in accepting instructions directly from Mr U about invoicing matters; f. that is because I am satisfied H Ltd was on notice: i. KU was associated with the company and therefore it is not plausible to say it believed Mr U operated T Ltd alone. ii. Companies Office records are available 24/7 for pu...

10. A new adoption system for Aotearoa New Zealand - Summary Document [pdf, 272 KB]

    ...adoption system for Aotearoa New Zealand Summary document Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, Te Tāhū o te Ture - Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any pe...