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1. CL v BK [2021] NZDT 1612 (9 August 2021) [pdf, 225 KB]

   ...slow ever since the return from COVID-19 lockdown. He assumed that CL would continue to use fuel oil premix until the pump could be replaced. 15. The question is whether BK has any legal liability for this miscommunication. 16. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). The CGA imposes guarantees on persons who supply certain types of goods and services in trade. The CGA applies to the services that BK supplied to CL. 17. Section 28 CGA states that whe...

2. QT v T Ltd [2023] NZDT 188 (22 June 2023) [pdf, 139 KB]

   ...your authority to do so”. 13. The terms and conditions also contain a definition of the work “you” which is “you means both the driver and the owner of a vehicle entering this car park”. 14. It is a fundamental principle of contract law that a contract cannot impose obligations on a person who is not a party to the contract. This is called privity of contract. T Ltd cannot by its terms and conditions impose liability for parking breaches on someone who is not already a par...

3. Maori-Land-Trusts.pdf [pdf, 341 KB]

   ...for administering the trust. Trustees’ duties Trustees are bound by Te Ture Whenua Māori Act and the Trusts Act. Their key duties are to maximise the assets and minimise the liabilities of the trust to the best of their ability and within the law. Their powers, rights and obligations are set out in the trust order. Trustees must carry out their duties within the terms and objectives of the trust, act honestly and for the benefit of beneficiaries14 of the trust. Trustees must not spe...

4. Byrne - Mereruia Hakaraia Whanau Trust (2006) 164 Aotea MB 5 (164 AOT 5) [pdf, 376 KB]

   ...and its processes. Ultimately, Her Honour was satisfied, sufficient to warrant payment, that the applicant had facilitated the various applications in a manner consistent with the principles of retention and development embodied in the Act. The Law [5] Section 98 provides: 98 lvlaori Land Court Special Aid Fund (l) There shall be paid out of public money into a fund to be known as the Maori Land Court Special Aid Fund (in this section referred to as the Fund) such amounts as are...

5. Pocock - Allotment 246D1 Waimana Parish (2020) 231 Waiariki MB 273 (231 WAR 273) [pdf, 228 KB]

   ...uninterrupted rent free and if the land is to be ever sold again, it will be offered back to her and her whānau. [13] The Court has also received a copy of the notice the applicant has received from Westpac New Zealand, pursuant to s 119 of the Property Law Act 2007. [14] Ms Simpson, on behalf of the PCA, has emailed the Court on 9 March 2020. She outlines the principles upon which the PCA approached the proposed alienation. Further, the PCA has made a second offer to purchase t...

6. [2010] NZEmpC 85 SFWU v Searancke [pdf, 29 KB]

   ...award more than three months lost remuneration. [9] As to the merits of the counter-claim, in particular as to reinstatement, Mr Hope submitted that the Authority’s reasons for dismissing reinstatement were not in accordance with the current law. He pointed out that the Authority’s reasoning was summarised as follows in the determination: Reinstating Ms Searancke would cause more than discomfort in the workplace. 1 [2002] 2...

7. [2021] NZEmpC 218 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 227 KB]

   ...out, on the basis that a sufficient cause of action has not been pleaded by the DHB. The DHB’s application for leave [12] The application for a strike out was filed on 9 November 2021. On the same day, Mr Halse sent an email to the DHB’s lawyers, Holland Beckett, asking if the firm would accept service of the strike out application. Holland Beckett accepted service of the document on behalf of the DHB that day. The time for filing of the notice of opposition therefore exp...

8. Tucker v CAC 20006 & Claydon [2012] NZREADT 46 [pdf, 41 KB]

   ...1. Preliminary Issue - Disqualification of Mr Denley. [1] Mr Waymouth had raised the issue when he was appointed counsel on 10 July 2012 that he would be objecting to Mr Denley being a member of the Tribunal. Mr Denley is the former father in law of Mr Waymouth. Mr Denley has never met and has no connection with any of the parties. 2 [2] The test for bias is set out in the decision of the Supreme Court in Saxmere Company Ltd v The Wool Board Disestablishment Company L...

9. Solomon - Manukau Lands Trust (2018) 51 Te Waipounamu MB 40 (51 TWP 40) [pdf, 204 KB]

   ...a general meeting of all the beneficiaries of the trust to nominate new trustees, with not less than 14 days written notice to beneficiaries. [8] The issue is whether Paul Solomon should be appointed by the Court in these circumstances. The Law [9] The Court has power to add, reduce, or replace trustees per s 239 of Te Ture Whenua Māori Act 1993. Section 222(2) of the Act sets out the relevant factors when appointing trustees. [10] I adopt the principles which were set out b...

10. ENV-2016-AKL-000xxx North Eastern Investments Limited Heritage Land Limited v Auckland Council [pdf, 138 KB]

    ...North this 16 th day of September 2016 ______________________________ John W Maassen Counsel for NEIL This document is filed by JOHN WILLIAM MAASSEN, Solicitor for the abovenamed Appellant of the firm CR LAW. The address for service of the abovenamed Appellant is 227 Broadway Avenue, Palmerston North. Documents for service on the abovenamed Appellant may be left at that address for service or may be: (a) Posted to the Solicitor at PO Box...