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1. BORA Maori Fisheries Bill [pdf, 114 KB]

   ...distribution in an equitable manner. Discrimination on the grounds of age 19. Clause 4 of the Bill defines an "adult" as meaning a person 18 years of age or over. Only adult members of mandated iwi organisations are eligible to vote on matters relating to the management of iwi assets arising out of the settlement. Clauses 28H, 62 and 63C provide examples where the exercise of voting rights by adult members of the mandated iwi organisation in respect of provisions concerning...

2. EL v IN Ltd [2022] NZDT 149 (18 August 2022) [pdf, 165 KB]

   ...the marks on the couch, which appear to be handprints in black, occurred during either the loading or the unpacking in [City B]. These were noticed by EL when the items were being placed into the storage in [City B]. 34. Taking into account all matters produced by the parties and put forward by them at the hearing, I find it more likely than not that the damage occurred while IN Ltd was responsible for the goods. Does the CGA apply to this transaction and if so, was IN Ltd in brea...

3. EU v O Ltd [2023] NZDT 308 (8 August 2023) [pdf, 131 KB]

   ...basis that it was entitled to terminate the contract and there was little more it could do other than the support it had already provided. EU also sought assistance from [sporting body] and the Sports Tribunal of NZ. Both organisations considered the matter to be contractual and did not accept her complaint. 5. On 8 June 2020, O Ltd gave formal notification of the termination of the contract and then paid EU $4,329.00 representing six weeks’ in lieu of notice under the contract....

4. Form1a Criminal legal aid application Police prosecution [pdf, 1 MB]

   ...Your rights Reconsideration If you disagree with the decision made you may apply for a reconsideration using the reconsideration form on our website. For information about the grounds for reconsideration, the process and who to contact, go to www.justice.govt.nz. Your application for reconsideration must be made within 20 working days from the date of notice of the decision. If you do not ask for a reconsideration, the decision is final. Review If you believe that the reconsiderati...

5. TX v OI [2021] NZDT 1351 (19 April 2021) [pdf, 211 KB]

   ...there was a latent defect in the vehicle at the time of the sale. 20. The statements that the car was reliable, mechanically sound and went well were therefore untrue statements that were made on behalf of OI as a party to the contract. It does not matter that KZ and OI may have believed those statements to be true at the time. An innocent misrepresentation is still a misrepresentation. 21. Those untrue statements induced TX to purchase the vehicle. 22. I am therefore satisfied...

6. TB v X Ltd [2022] NZDT 133 (25 August 2022) [pdf, 135 KB]

   ...an Order requiring one party to pay the other party a sum of money which it sees as being just in the circumstances. Section 45 of the CCLA provides that when deciding what Order to make under Section 43, the Tribunal must have regard to various matters, including (but not limited to) any expenditure incurred by a party in, or for the purpose of, performing the contract and any other matters that it thinks are proper. 16. The parties agreed that the deposit of $1,178.75, which was paid b...

7. [2017] EmpC 124 Sunair Aviation v Walters [pdf, 175 KB]

   ...not considered.4 (b) An apparent agreement between the parties to include consequential losses in the claim (which had not been pleaded) was not accepted by the Authority Member on grounds that it would offend against the principles of natural justice towards Mr Walters. The Authority Member felt that procurement of agreement from Mr Walters’ advocate was without proper consideration of the consequences by the advocate and that Mr Walters ought to have been properly informed o...

8. [2023] NZREADT 6 - NQ v Real Estate Agents Authority (CAC2104) (4 April 2023) [pdf, 289 KB]

   ...its procedures as it sees fit. The Tribunal may, on application, give leave for witnesses to be cross-examined and for evidence to be submitted to the Tribunal that was not provided to the Committee, if it considers it to be in the interests of justice to do so. [25] An applicant for leave to submit evidence must set out the evidence to be submitted and satisfy the Tribunal that:2 1. It is credible. 2. It could not with reasonable diligence have been provided to the Committee...

9. DT v TX [2023] NZDT 291 (1 August 2023) [pdf, 149 KB]

   ...possible return of the car? 8. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. 9. The parties signed a contract or agreement in relation to this matter dated 17 May 2023. 10. The contract stated – “if within 7 working days the vehicle is inspected by a recognised garage/mechanic and found not to be as advertised and have issues exceeding $500 worth of repair work, the full $8,50...

10. SM v UU Ltd [2022] NZDT 159 (15 December 2022) [pdf, 159 KB]

    ...direct evidence of this only referring to the assessors’ visit and a later phone call. The way this evidence was presented at hearing, supports my view that the insurance company has determined there is no profit in pursuing the respondent in this matter given the lack of available evidence against it. [29] Having said this, the applicant raises an important issue, that is the submission that NC agreed of repair the tank and that his failure to do so has caused further damage. I address...