Search Results

1. ND v EN [2022] NZDT 263 (13 December 2022) [pdf, 149 KB]

   ...considering the literal meaning of the words used without regard to the context. The enquiry is what a reasonable person would have understood from those words in all the circumstances. Relevant considerations will often include the nature and subject matter of the transaction, the respective knowledge of the parties, their relative positions and the words used. Where a party with superior knowledge takes it upon itself to make a representation of fact without qualifying it by reference to...

2. FC v QK [2024] NZDT 415 (14 May 2024) [pdf, 208 KB]

   ...another ventilation kit with a heat transfer upgrade at a cost of $3,891.91. FC advised QK all the equipment he had installed was packed in a box, except for the vents which remained in the celling. 11. FC and QK did not reach a resolution of the matter, and on 15 February 2024, FC lodged a claim in the Tribunal seeking $2,600 from QK. The amount sought included $174.80 for [Electrical Company]’s visit in June 2022 to inspect the system for fault. Issues 12. The issues for th...

3. Appendix-2-Nelson-Courthouse-Technical-advisory-on-seismic-risk-and-occupancy-assessment-Holmes-February-2025.pdf [pdf, 467 KB]

   Revision 4 3 February 2025 146654.60 Australia Netherlands New Zealand USA Nelson Courthouse Ministry of Justice - Technical Advisory 200 Bridge Street Nelson Report – Seismic Risk and Occupancy Report Ministry of Justice - Technical Advisory Prepared For: Ruth Currie – General Manager Property Date: 3 February 2025 Project No: 146654.60 Revision No: 4 Prepared By: Reviewed By: Dave Elliott John Hare...

4. DS v SI [2024] NZDT 729 (23 September 2024) [pdf, 118 KB]

   ...contract (section 35 of the Contract and Commercial Law Act 2017). 12. It does not make any difference whether any misrepresentation is deliberate or innocent (section 35(1)). 13. A representation is usually a statement of fact about the subject matter of the contract. In some rare situations, a misrepresentation may occur where a party fails to say something or remains silent. The general rule is that mere silence cannot amount to a misrepresentation. The exception is where ther...

5. XG v B Ltd & EH [2024] NZDT 733 (21 September 2024) [pdf, 114 KB]

   ...deterioration of the product. 12. XG maintains the evidence is clear that the product is not durable and is breaking down. Taking all the evidence into account however I do accept that, as B Ltd suggests, it is more likely than not that, on some matters, XG’s expectations about the finished condition of an asphalt driveway surface are unreasonable and unjustified when considering the nature and composition of this product and common industry expectations and standards. Each of th...

6. X Ltd v EK [2024] NZDT 784 (16 September 2024) [pdf, 110 KB]

   ...amounts if not dealt with below are costs that EK would have had to pay to have done and whether that was completed by himself, X Ltd or an independent. That is the costs for removal of soil and/ or waste, the additional time he spent dealing with matters and for the incomplete works. 2 [1995] UKHL 8 CI0301_CIV_DCDT_Order Page 4 of 5 18. With regards to the claim by X Ltd, I find that under the agreement, EK is liable for the unpaid invoices excluding any interest. EK had a...

7. Deputy Registrar - Allotment 5 Parish of Tahawai (2008) 96 Tauranga MB 52 (96 T 52) [pdf, 3.8 MB]

   IN THE MAORI LAND COURT OF NEW ZEALAND WAIKATO-MANIAROTO DISTRICT- - Hearing: 96 TAURANGA MB 52 A20080002949 UNDER Section 131, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Allotment 5 Parish of Tahawai BETWEEN DEPUTY REGISTRAR Applicant AND TOA HAERE FAULKNER Interested Party AND AND THE TRUSTEES OF ALLOTMENT 5 PARlSH OF TAHAWAI Interested Party THE WESTERN BAY OF PLENTY DISTRICT COUNCIL Interested Party 29 May 2008,93 Tauranga ME 21-40 Appearances: Mr P Rupe,...

8. Safer Sooner: Strengthening New Zealand’s Family Violence Laws [pdf, 7.9 MB]

   ...stake in the ground. But laws by themselves don’t get results. We all need to do better if we are going to combat family violence. We have set a clear course and are making a start. It is simply too important not to. HON AMY ADAMS MINISTER OF JUSTICE We need a new approach In 2013, children were present at over 63% of family violence incidents attended by Police3 An estimated 80% of family violence incidents are unreported to Police (NZCASS)4 KEY STATISTICS New...

9. BORA New Zealand Intelligence and Security Bill [pdf, 292 KB]

   ...Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with s 14 (freedom of expression), s 18 (freedom of movement), s 21 (unreasonable search and seizure), s 25(c) (right to be presumed innocent) and s 27 (right to justice). Our analysis is set out below. Summary 4. The Bill replaces the four Acts currently applying to the New Zealand intelligence and security agencies and their oversight bodies. 5. The Bill raises a number of potentially signific...

10. Apply for probate & get a copy of a will

    ...Search for a lawyer by area of practice on the New Zealand Law Society website Find out more about Public Trust's Executor Assist service You should talk with a lawyer if you want specific information about other court applications relating to estate matters such as contesting a will, distributing an estate or proving the validity of a will. Please note court staff are not permitted to provide, and cannot provide, any legal advice. Make an application to administer an estate Application for pro...

    Located in:

    1. Courts >
    2. High Court