Search Results

1. Koroi Piri Paki Whānau Trust – Punakitere 2A1B (2015) 112 Taitokerau MB 51 (112 TTK 51) [pdf, 180 KB]

   ...neighbouring block to the east. If that access were to cease, the site can be accessed from the north directly onto State Highway 12. [10] The balance of the block to the south and the west has not been developed and is covered in thick scrub. The law [11] The Court is empowered to grant occupation orders per s 328 of the Act. Section 329 directs the Court to the matters it must take into account in deciding whether or not to grant an occupation order. It provides: 329 Mat...

2. [2022] NZACC 146 – TR v ACC (26 July 2022) [pdf, 180 KB]

   ...evidence. Mr Castle accepted that the appellant’s mental injuries appeared to have had a profound impact on her life, and the Corporation, accordingly, did not oppose the late lodgement in the particular circumstances of the case. Relevant law [9] 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 receive...

3. [2011] NZEmpC 86 Wilson v ABC Developmental Learning Centres NZ Ltd [pdf, 71 KB]

   ...There are really two questions to be answered: a) Did the parties enter into an unconditional agreement regarding costs in the Authority proceeding? b) If so, was that agreement effectively set aside? [4] These are both issues of mixed fact and law. Assertions of fact made by counsel in memoranda to the Court are usually uncontroversial and are accepted on that basis without supporting evidence. Where the relevant facts are disputed or unclear, however, the Court can only deci...

4. Keenan – The Estate of Patricia June Graham (2015) 45 Takitimu MB 212 (45 TKT 212) [pdf, 267 KB]

   ...INTERIM RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] Beverley Keenan seeks a rehearing of a succession application to the estate of Patricia June Graham. She claims that the original hearing was substantially and procedurally flawed as the Ena Mihikorama raua ko Richard Te Ropu Mauriohooho Whānau Trust was incorrectly included as a successor. The applicant says that neither herself nor her siblings were not notified of that hearing, even though they claim an interes

5. EN v SQ [2020] NZDT 1442 (27 May 2020) [pdf, 210 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2020] NZDT 1442 APPLICANT EN RESPONDENT SQ The Tribunal hereby orders: A. EN is to pay SQ $1,500.00 by 4pm on 18 June 2020; B. SQ is to do no further work on the vehicle which is the subject of the dispute; and C. SQ is to return the vehicle to EN, or allow EN to pick up the vehicle, no later than 5pm on 21 June 2020. Re

6. Canterbury Earthquakes Insurance Tribunal Response Form [pdf, 217 KB]

   ...[Case File Number]” in the subject line. 4. If you have printed this Response Form and need more space to answer any of the questions, please use a separate sheet of paper. You can post or deliver your response to Ministry of Justice, Level 1, Law Courts Building, 20 Lichfield Street, Christchurch 8011 or DX WX 10021, Christchurch. 5. Fields marked * must be filled in. Enter N/A if not applicable. mailto:CEIT@justice.govt.nz Step 3. Representative You can nominate a lawye...

7. MC v SH [2020] NZDT 1544 (29 May 2020) [pdf, 106 KB]

   ...teeth in the upper denture, not the composite material that they were in fact made of. She also claims that the dentures are not of acceptable quality or fit for purpose. She claims a refund of the amount paid for the dentures. 3. The relevant law here is found in the Fair Trading Act 1986 (the FTA) and the Consumer Guarantees Act 1993 (the CGA). 4. Section 9 of the FTA provides that no person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mis...

8. Dudley - Te Konoti B4A3B2 (2008) 127 Whangarei MB 1 (127 WH 1) [pdf, 1.6 MB]

   ...the partition. They did not appear in person but provided a letter bye-mail to their Aunt, Rose Dudley. They echoed their late father's view that the land should not be paltitioned and, in palticular, should not be used as collateral. The Law [14] Partition is govemed by Part 14 of the Act. The key principles applicable to paltition were succinctly summarised by the Maori Appellate COUlt in Hammond­ Whangawehi IB3Hl (2007) 34 Gisbome Appellate MB 185 - 195 as follows: &quot...

9. UN & JI v NB Ltd [2022] NZDT 32 (23 March 2022) [pdf, 164 KB]

   ...the respondents were obliged to identify it and explain its significance to the applicants; and - if so, whether any of the respondents failed in their duties; and - if so, whether any losses have resulted to the applicants as a result. The law [10] As there is no contractual relationship between the applicants and NB Ltd, the applicants’ claim must be treated as one under the Fair Trading Act 1986. They must prove that NB Ltd’s conduct was misleading and deceptive, and cau...

10. [2023] NZEnvC 032 Crafar v Taupo District Council [pdf, 282 KB]

    ...to have the standard of living that most of the population believes they are entitled to. For these reasons, among others, I submit to the Court that it is not in NZ’s best interests to allow the ‘security for costs’ application. Relevant Law The general power to require provision of security for costs arises pursuant to s 278(1) of the RMA, which provides that the Environment Court has the same powers as the District Court, and the relevant provisions of the District Cour...