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1. Clearwater Trust v Flora Creative Limited [2012] NZWHT Auckland 9 [pdf, 174 KB]

   ...what was the loss caused and what is the measure of damages? ........................................................................ 11 The Factual Context ............................................................................... 11 The Law ................................................................................................. 13 Decision ................................................................................................. 14 Breach of Duty of Care ..........

2. HC v X Ltd [2023] NZDT 391 (13 September 2023) [pdf, 207 KB]

   ...obtaining a building consent when one was required? 4. HC claimed X Ltd breached clause 9.2(5) of the agreement where the vendor warranted that for any works it had done, it had obtained ‘any permit, resource consent, or building consent required by law”. 5. NN, director of X Ltd, considered a building consent was not required because the existing bathrooms were only renovated prior to the sale and there was no movement of the water services. 6. ND, a senior building conse...

3. Dorrance v Accident Compensation Corporation (Late Filing to the District Court) [2023] NZACC 192 [pdf, 162 KB]

   ...Dorrance leave to file her appeals out of time. The Corporation accepts that the delay in the appeals is relatively minor, and that the Corporation has not suffered any specific prejudice due to the delay in lodgement of the appeals. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be receiv...

4. NZCVS 5 years brochure Web [pdf, 1.4 MB]

   ...wife, partner, boyfriend or girlfriend), ex-partner (previous husband, wife, partner, boyfriend or girlfriend), or other family or whānau member (parent or step-parent; parent’s partner, boyfriend or girlfriend; son or daughter, including in- laws; sibling or step-sibling; or other family or whānau, including extended family). 9 Fraud includes incidents where a person is tricked or deceived to obtain money, goods or services, and the use of bank cards, credit cards, cheques...

5. Family justice journey diagram [pdf, 539 KB]

   ...families. Both Jayne and Rawiri agree to abide by the plan. Agree, but not sure about long-term commitment After several weeks, they complete the plan. But Rawiri isn’t confident Jayne will abide by the plan, so he visits the local Community Law Centre (CLC) for information on what else he can do. Option to get a court order While there, he learns that he and Jayne can apply to have the plan formalised as a court order (made enforceable by the Family Court). Co...

6. LF & AS v NJ [2023] NZDT 36 (10 February 2023) [pdf, 141 KB]

   ...of this below). However, there appears to have been an accumulation of small niggles with AS in particular that came to a head, albeit in an unfortunate way. In addition, she had her son coming home for the university holidays, and a brother in law needing accommodation support. The confrontation with LF may have been the trigger for the giving of notice to AS and LF, but there were other circumstances involved. Are AS and LF entitled to damages in compensation and if so, how much?...

7. Jia v Wang [2011] NZIACDT 33 (19 October 2011) [pdf, 70 KB]

   ...entrant to the profession, employed by Sea Consultants & Investments Ltd (Sea Consultants). She was the only person holding a licence in the organisation, and failed properly to supervise the practice. [3] Ms Wang knew Sea Consultants was likely unlawfully providing immigration advice, through at least one unlicensed person. She failed to take steps to deal with this situation generally, and became aware specifically there were irregularities in relation to how Ms Jia’s uncle’s (...

8. [2015] NZEmpC 16 NZ Meatworkers & Related Trades Union Inc v Alliance Groups Ltd [pdf, 96 KB]

   ...reasonable? [6] In support of his submission that the defendant’s costs were entirely reasonable, Mr Smith helpfully supplied detailed information about how those costs were incurred. This included summaries of the time spent by each of the lawyers involved in providing services to the defendant and the overall amount of time spent on each aspect of the matter. That was supplemented by copies of time records showing the time spent on each particular task carried out. [7] In to...

9. Searancke - Lot 3 DP 427106 and part Pouawa 1 Sbdn 3 Lot 2 Sec 7 Block (2015) 51 Tairawhiti MB 66 (51 TRW 66) [pdf, 148 KB]

   ...the situation, they had relied upon the GDC to care for the lower beach side Lot. However, that has not happened and the block is frequently covered in rubbish. The trustees believe that the partition is part of their right to development. The Law [9] I note that there is no power to partition under the Trust Order for the Makorori Ferris Family Trust. However, in terms of Part 14 of the Act, the Court has jurisdiction to make partition orders over General land owned by Maori. In...

10. Evans - Waitara West 52C - (2018) 383 Aotea MB 43 (383 AOT 43) [pdf, 317 KB]

    ...February 2018 Grant Knuckey and Hine-a-tau-ira Wilkinson both confirmed that the parties are working together to seek to an agreement about access to the urupā.4 I encourage the parties to continue to work towards agreement on this issue. The Law [9] Section 222 of Te Ture Whenua Māori Act 1993 sets out the provisions for the appointment of trustees. Subsection (2) details the matters the Court must be satisfied: 2 “Set...