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1. The Maori Trustee v Erueti - Succession to Momona Tamihana (2022) 448 Aotea MB 63 (448 AOT 63) [pdf, 229 KB]

   ...Whakataunga: Judgment date 5 May 2022 TE WHAKATAUNGA Ā KAIWHAKAWĀ M J DOOGAN Judgment of Judge M J Doogan Copies to: G Reilly, Te Tumu Paeroa, PO Box 5038, Wellington 6140 T Wano, troy.wano@gqlaw.nz, Private Bag 2013, DX NP90056 mailto:troy.wano@gqlaw.nz 448 Aotea MB 64 Hei tīmatanga kōrero Introduction [1] Momona Tamihana died in 1947 leaving a will dated 14 August 1945. By codicil in 1946 the Māori Trustee was app...

2. CU v KI Ltd [2022] NZDT 19 (23 February 2022) [pdf, 201 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 19 APPLICANT CU RESPONDENT KI Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. Late on Monday 14 June 2021 after a flight from Australia, CUCU and her children booked into the LB operated by KI Ltd. They paid $1,080.00 in advance for nine nights. CU’s husband was due to join them on Friday. 2.

3. McIlroy-Haig – Waipiro MT Sec.5 Blk X (2016) 55 Tairawhiti MB 24 (55 TRW 24) [pdf, 191 KB]

   ...support the proposal from the Jahnke Whānau. [9] In response Mr George Jahnke advised that his family were happy for another adjournment to complete the survey of the alternative proposals. Such an adjournment was opposed by Sir Tamati Reedy. Law [10] Under s 332 the Court has the power to require surveys. That provision provides that: 2 51 Tairawhiti MB 262 55 Tairawhiti MB 29 (1) Where— (a) the c...

4. ND Ltd v BX & TX [2020] NZDT 1561 (15 July 2020) [pdf, 201 KB]

   ...is reasonable for the final invoice. Interest at 2% per month for 13 months and 25 days is $2690.86. In total the amount I find that is reasonable is $12416.98. Was the painting work completed with reasonable skill and care? 11. The relevant law is the Consumer Guarantees Act 1993. The Act provides a number of protections for consumers. Section 28 of the Act requires that where services are supplied the service will be carried out with reasonable care and skill. 12. BX & TX...

5. DG v NQ [2023] NZDT 139 (4 April 2023) [pdf, 185 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 139 APPLICANT DG RESPONDENT NQ The Tribunal orders: NQ is to pay DG $2,799.31 within 28 days. Reasons [1] DG claims from NQ the cost of electrical work that was done in order to rectify faulty work done by NQ. NQ denies liability. [2] DG said that his hot water system had been performing poorly in his house. He had

6. Workman v CAC 402 & Keely [2016] NZREADT 61 [pdf, 153 KB]

   ...penalty decision). [2] The unsatisfactory conduct found by the Committee related to Mr Workman’s involvement in the sale of a residential property at Massey, Auckland (the property). Mr Workman contended on appeal that the Committee erred in law in finding that he had engaged in unsatisfactory conduct. Relevant facts [3] All events occurred between April and October 2014. [4] On 1 April, the complainants (Mr and Mrs Keely) (the Keelys) listed the property for sale with Bar...

7. [2019] NZEnvC 020 Segmental Liners Limited v Whangarei District Council [pdf, 2.3 MB]

   ...Developments Ltd v Western Bay of Plenty District Council. 1 This Court engages in a two-step process, firstly to identify whether an order of costs is appropriate and then, if necessary, to establish quantum. Is an order for costs appropriate? [11] The law is well established in this Court that costs in respect of the initial hearing before the Council, and in relation to mediation, cannot be claimed. The Hawthorn Geddes amount seems to be the same amount set out in the original cl...

8. [2014] NZEmpC 73 Carter Holt Harvey Limited v Rodkiss [pdf, 74 KB]

   ...and until the Court sets them aside. The defendants are entitled to enforce those orders unless a stay of proceedings is granted. It follows that the plaintiffs are asking the Court to exercise its discretion to intervene in what is a perfectly lawful enforcement process. [7] The discretion conferred by s 180 is not qualified by the statute but must be exercised judicially and according to principle. I note two key principles. There must be evidence before the Court justifyin...

9. [2021] NZACC 78 - Nikora v ACC (25 May 2021) [pdf, 150 KB]

   ...that I bill my client. So I will fight to get a reasonable amount for my client, I don't believe the amount offered now by ACC is reasonable The Carey Decision [6] The High Court's decision in Carey addresses the issue of costs for non-lawyer (advocates) representatives of appellants in the ACA jurisdiction. The Court set aside the District Court’s award of Category 2 Band B costs and substituted 50% of Category 1, on the basis: This reflects that [the representativ...

10. [2021] NZACC 12 - Mudgway v ACC (12 January 2021) [pdf, 149 KB]

    ...Ms Feltham submitted that nerve compression, such as C8 radiculopathy may be sufficient to constitute a physical injury and therefore is a personal injury provided the other definitional criteria are met. Ms Feltham submitted the relevant case law indicates that physical injury does not necessarily need some form of permanent physical damage to the body, only some form of bodily harm that has an appreciable and not wholly transitory impact.5 It is the case the Corporation ha...