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1. BQ OQ v ET [2023] NZDT 242 (13 April 2023) [pdf, 241 KB]

   ...imply a term into a contract in certain circumstances, and the parties are obliged to comply with both express and implied terms. There are various types of implied terms that have been recognised by the courts, including terms that are implied as a matter of course into all contracts of a particular type. 7. ET made an offer to rent out the Property as a short-term holiday house rental by advertising the Property on Booking.com’s website. The advertisement stated that the Property...

2. LCDT - 2015 annual report [pdf, 249 KB]

   New Zealand Lawyers and Conveyancers Disciplinary Tribunal ANNUAL REPORT For the 12 months ended 30 June 2015 Presented to the Minister of Justice, the Hon Amy Adams The New Zealand Law Society The New Zealand Society of Conveyancers Pursuant to section 259 of the Lawyers and Conveyancers Act 2006 Judge Dale Clarkson Index Page Introduction 1 Executive Summary 2 Summary of Activity for the reporting period 3 New cases...

3. Adlam v Niao - Matata Parish 39A 2A Ahu Whenua Trust [2018] Māori Appellate Court MB 478 (2018 APPEAL 478) [pdf, 277 KB]

   2018 Māori Appellate Court MB 478 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND WAIARIKI DISTRICT A20180001438 UNDER Section 58, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Matata Parish 39A 2A Ahu Whenua Trust BETWEEN RAE BEVERLY ADLAM Appellant AND GRAEME NIAO, KERERUA SAVAGE, CARRIE SAVAGE, WILLIAM DONEY, ALAN NIAO, MARTIN NIAO AND JASON DOWIE AS TRUSTEES OF LOT 39A SEC. 2A PARISH OF MATATA BLOCK Respondents Heari...

4. B Ltd v JD [2024] NZDT 285 (7 March 2024) [pdf, 165 KB]

   ...prior to signing, the plea is not available. 17. JD said he did not read the document as it was written in English and relied on what he said AJ told him. He said they spoke in Mandarin. 18. AJ was called as a witness at the hearing on this matter. AJ speaks fluent English and Mandarin. He accepts he did not translate the document word for word but says he did tell JD what the documents were. He said he explained that OL’ company, B Ltd, was the engineer and that the letters we...

5. [2022] NZEmpC 76 NZQA v Hickey [pdf, 329 KB]

   ...to interim injunctions can be briefly summarised:10 (a) The Court must consider whether the applicant has established that there is a serious question to be tried. (b) The balance of convenience must be assessed. (c) The overall interests of justice are to be considered.11 [42] There are two parts to establishing if there is a serious question to be tried:12 6 Employment Relations Act 2000, s 127(1). 7 Section 127(4). 8 Section 3. 9 See the discussion in Humphrey v Canterbu...

6. Guo v PwC (Discovery and Search Order) [2021] NZHRRT 22 [pdf, 349 KB]

   ...High Court was dismissed in Guo v Culpan [2019] NZHC 1963. The decision of the High Court was unsuccessfully challenged in the Court of Appeal (Guo v Culpan [2020] NZCA 293) and Ms Guo’s application to recall that judgment on an issue of natural justice was dismissed in Guo v Culpan [2020] NZCA 377. Although Ms Guo was unsuccessful in her recall application the Court of Appeal did grant leave for her to file an appeal in relation to her parallel judicial review proceedings. Little, i...

7. McLeod v McIver - Succession to Harai McIver (2019) 401 Aotea MB 58 (401 AOT 58) [pdf, 310 KB]

   401 Aotea MB 58 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20180009335 UNDER Section 117, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Harai McIver also known as Harai Hohaia – Transfer of deceased’s interests from Latavinia Michelle McLeod and Alan John McLeod as administrators to beneficiaries BETWEEN LATAVINIA MCLEOD ALAN MCLEOD Applicants AND LOIS McIVER EUNICE McIVER Respondents Hearing: 15...

8. ENVC speech Alternative Dispute Resolution 2011 [pdf, 188 KB]

   ...possibly about hot-tubbing. [2] Being encouraged by the title of this session “Thinking outside the square” I decided to take the opportunity to introduce the newly-updated Practice Note of the Environment Court, and to speak about a number of matters concerning dispute resolution that might or might not strictly be regarded as “alternative”. They are to do with efficiency of resolution of cases in the Environment Court, and involve themes that some may have heard me prea...

9. ENV-2016-AKL-000212 Smithies Family Trust v Auckland Council [pdf, 269 KB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND TO: IN THE MATTER AND IN THE MATTER AND IN THE MATTER BETWEEN AND NOTICE OF APPEAL The Registrar of the Environment Court PO Box 7147 Wellesley Street Auckland 1010 ENV2016-AKL- of the Local Government (Auckland Transitional Provisions) Act 2010 ("LGATPAII) and the Resource Management Act 1991 ("RMAII) of an appeal by the SMITHIES FAMILY TRUST under section 156(1) of the LGATPA against a decision of the AUC...

10. Edwards - Whakatohea (2018) 181 Waiariki MB 121 (181 WAR 121) [pdf, 247 KB]

    181 Waiariki MB 121 IN THE MĀORI LAND COURT OF NEW ZEALAND WAIARIKI A20170007260 UNDER Section 30I, Te Ture Whenua Māori Act 1993 IN THE MATTER OF An application by Adriana Edwards for a review of a determination made as 69 Ōpotiki MB 11- 26 dated 2 February 1994 Hearing: On the papers Judgment: 21 February 2018 JUDGMENT OF JUDGE C T COXHEAD Copies to: A Sykes, R Jord...