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1. [2022] NZEnvC 027 Vortac New Zealand Limited v Western Bay of Plenty District Council [pdf, 209 KB]

   ...into the drain. [15] Counsel submits that the arguments contained in Mr Nicholls’ affidavit are essentially those that did not succeed at trial or on appeal and so should not be accepted now. These arguments include reliance on the alleged unlawful discharges by the Council, the status of the fence as a retaining wall or closed board fence and the assertion that the property should not be affected by stormwater notwithstanding its location partly in an identified floodable area....

2. OH Ltd v NI Ltd [2020] NZDT 1320 (30 September 2020) [pdf, 194 KB]

   ...should be viewed. I am satisfied that it should not be viewed as a failure to fulfil obligations for the purposes of clause 11, as the spirit of that clause refers to non-performance of a lease which had ended. 17. In these circumstances, the law would be quick to imply a term into the arrangement that the parties act in good faith to re-negotiate, pay either rental or maintenance, and that OH would use best endeavours to remove the doors in a manner which caused least disruption to t...

3. Pomare - Utakura 2D8A3A (2003) 96 Whangārei MB 32 (96 WH 32) [pdf, 1.1 MB]

   ...truly representative and who work for the good of the people will make sure thai the mana of the marae stays with the marae, thereby meeting the desired result requested by Mrs Rata on behalf of the kaumatua and kuia of Ngati Toro. RELEVANT ORDERS, LAW AND FINDINGS In my view before I make findings directly relevant to the application before the Court it is first importanl to start with a chronological review of the orders made for this block. 96 1'/11 35 The block was partiti...

4. Paerau v Bailey - Kauaeroa (2021) 440 Aotea MB 262 (440 AOT 262) [pdf, 255 KB]

   ...Ms Deeley also questioned the accuracy of trust meeting minutes. [15] Finally, regarding any actual perceived conflict of interest, Ms Deeley confirmed that she would not be involved in any discussion concerning the homestead. Te Ture The Law [16] Section 239 of Te Ture Whenua Māori Act 1993 provides: 239 Addition, reduction, and replacement of trustees (1) The court may at any time, on application, in respect of any trust to which this Part applies, add to or reduce the nu...

5. NL v DN & LJ Trust [2021] NZDT 1567 (30 June 2021) [pdf, 190 KB]

   ...resolved are as follows: a) Was BI entitled to charge NL’s credit card for the accommodation? b) Is NL entitled to claim $1,768.80 refund? Was BI entitled to charge NL’s credit card for the accommodation? 3. Under the principles of contract law, the terms of a contract must be clear and accepted by the parties to be enforceable. Generally, when a contract is signed the signatory is bound, even if they have not read the terms and conditions in the contract. If a party breac...

6. MVDT Annual Report 2012-2013 (Auckland) [pdf, 220 KB]

   ...than first gear because its transmission was faulty. It also had a cracked windscreen and the speedo and brake lights did not work. Mr and Mrs Tuanui had no claim against the seller under the Consumer Guarantees Act because, under the current law, purchases made at auction are excluded from the protection of the Consumer Guarantees Act. The Tuanuis claimed the seller had misrepresented the vehicle to them. The Tuanuis had transferred the purchase price into a numbered bank accoun...

7. Dobson - Edgecombe Block X Section 12B (2022) 75 Te Waipounamu MB 211 (75 TWP 211) [pdf, 251 KB]

   ...commence building without notice or consent and in breach of his duty to all beneficiaries, and that the trustee quorum issue needs first to be resolved so that the trustees are able to make decisions about utilisation of the block. Te Ture The law [21] The relevant parts of s 19 of the Act state: 19 Jurisdiction in respect of injunctions (1) The court, on application made by any person interested or by the Registrar of the court, or of its own motion, may at any time iss...

8. TD v E Ltd [2023] NZDT 718 (20 December 2023) [pdf, 116 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 718 APPLICANT TD RESPONDENT E Ltd The Tribunal orders: E Ltd is to pay TD $1,432.00 on or before 12 February 2024. Reasons: 1. TD had dental work done by E Ltd in October 2021. The work consisted of five fillings. TD says the work was not done with reasonable care and skill and was not fit for purpose. TD seeks an order th

9. AM Ltd v ZN and ZNZ [2014] NZDT 575 (30 May 2014) [pdf, 32 KB]

   ...ABC Ltd’s estimate for [document two] even if it could be shown that other aspects of the design brief had been met by this design. AM Ltd has therefore failed to prove that any of its designs could be built for the budget of $450,000.00. Law Was the service provided by AM Ltd provided with reasonable care and skill as per the guarantee in the Consumer Guarantees Act 1993 and is the service fit for the purpose for which it was provided? [20] I find that the service was not prov...

10. Parata - Waitangi A1 A2 (2020) 95 Tairawhiti MB 210 (95 TRW 210) [pdf, 206 KB]

    ...2) .2 On balance and taking into account all these matters, I am not prepared to recuse myself. [9] Due to the issues concerning Covid-19, the file was referred to me for my reserve judgment on 21 May 2020 from the case manager. Te Ture - The Law [10] The relevant sections of Te Ture Whenua Māori Act 1993 relating to this application are ss 222 and 239. [11] Section 222 provides the relevant factors for the appointment of trustees. 222 Appointment of trustees (1) Subject to...