Search Results

1. Schimanski - Succession to Tamati Hapimana [2022] Chief Judges MB 489 (2022 CJ 489).pdf [pdf, 798 KB]

   ...KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE TAITOKERAU In the Māori Land Court of New Zealand Taitokerau District A20190008757 CJ 2019/33 WĀHANGA Under Section 45, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Succession to Tamati Hapimana NĀ By DENISE CHRISTINE SCHIMANSKI Te Kaitono Applicant Nohoanga: Hearing 29 March 2022, 2022 Chief Judge’s MB 106-128 20 June 2022, 2022 Chief Judge’s MB 254-265 (Hea...

2. Court user survey 2010: understanding our court users [pdf, 1.4 MB]

   Understanding our Court Users: Court User Survey 2010 Understanding our Court Users: Court User Survey 2010 Prepared for the Ministry of Justice by Colmar Brunton December 2010 Disclaimer This survey was commissioned by the Ministry of Justice. The report has been prepared by the research company and the views expressed in it are those of the research company and do not necessarily represent the vie...

3. BORA Future Directions (Working for Families) Bill [pdf, 217 KB]

   ...on the ground of sexual orientation is not justifiable. The Bill is therefore inconsistent with section 19(1) of the Bill of Rights Act. 4. We have also considered a potential inconsistency with section 27(1) of the Bill of Rights Act (natural justice). However, we have concluded that no inconsistency arises in relation to section 27(1). 5. We recommend that you bring the Bill to the attention of the House of Representatives, as soon as practicable pursuant to section 7 of the B...

4. GL v TT & LT [2022] NZDT 249 (7 December 2022) [pdf, 244 KB]

   ...the Tribunal does not have jurisdiction in relation to this sub-section (see section 24A(1)(a) FA). 66. GL seeks an order that TT and LT pay the filing fee she has paid for this claim, and her costs of preparing the claim and responding to the matters raised by TT and LT. I am unable to make this order. As noted above I am not able to make any order for costs under the FA. The Disputes Tribunal Act provides for awards of costs to be made only in exceptional circumstances which I do no...

5. KD v N Ltd & HX [2023] NZDT 424 (3 July 2023) [pdf, 280 KB]

   ...17mm. f. Although a bailee must anticipate any hazards to which the property could be exposed, however in general the bailee is not responsible for Acts of God. This event was clearly an Act of God – something that N Ltd (or anyone else for that matter) could not have foreseen or even anticipated in the days and weeks before. 24. N Ltd says the flooding occurred after 5pm on the 27th and N Ltd’s premises were closed and all staff had left for the day. Because there were no sta...

6. NJ v UF [2023] NZDT 238 (22 May 2023) [pdf, 247 KB]

   ...the goods, those statements must be true and correct, and if questions are asked, they must be answered correctly. I am satisfied that the statements made about P in the advertisement and by the Agent and UF were not correct in relation to material matters, even though they may have been made innocently. Further, it is not a defence to a claim under s35(1)(a) that the induced party could have done more to find out whether the representation relied on was correct (such as obtaining an inde...

7. EZ & UC v HQ & LQ [2024] NZDT 424 (15 May 2024) [pdf, 171 KB]

   ...issue. This is known as contributory negligence, where someone’s actions or inactions reduce the other party’s liabilities. 30. Considering this argument, I note that, at best, this can reduce but not relieve liability. This is because no matter what may or may not have been done by EZ, UC, and the inspector, I have found that HQ and LQ did breach the warranty. Furthermore, to detect the damage involved either the use of the shower over three weeks, effectively a long-term wate...

8. C Ltd v J Inc [2024] NZDT 105 (13 February 2024) [pdf, 146 KB]

   ...street level, and there was a problem with drainage from the street in heavy rain, which meant that water came down the outside stairs that accessed the restaurant, and into the restaurant. 56. C Ltd accepts that this happened and says it was due to matters outside its control – which was the drainage on street level. C Ltd says it has worked closely with [City] Council to get the street level drainage problems addressed. At one point there was a proposal that [Council] would reorien...

9. XL v FJ [2021] NZDT 1618 (22 June 2021) [pdf, 127 KB]

   ...these representations turn out to be incorrect (ie was there a misrepresentation)? 8. For s35(1)(a) of the CCLA to apply, the party claiming damages for misrepresentation must prove that the representation turned out to be incorrect. It does not matter whether the misrepresentation was made innocently or fraudulently because the intention of the party who made the misrepresentation is not material to liability under s35(1)(a) of the CCLA. 9. FJ says that he did not misrepresent the...

10. OIA-119562.pdf [pdf, 2 MB]

    Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 13 March 2025 Ref: OIA 119562 Tēnā koe Official Information Act request Thank you for your email of 15 February 2025 to the Ministry of Justice (the Ministry) requesting, under the Official Information Act 1982 (the Act), information regarding appeals and judicial reviews from the Family Court to the High Court. Specifically, you requested:...