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1. CC Ltd v SH [2020] NZDT 1548 (3 August 2020) [pdf, 99 KB]

   ...in damages. 3. The issues to be determined are: a) Was the capping layer constructed to an acceptable standard? b) What sum, if any, is payable between the parties? Was the capping layer constructed to an acceptable standard? 4. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. In this instance, the parties formed a verbal contract. While...

2. IS & JS v KC [2021] NZDT 1308 (9 April 2021) [pdf, 219 KB]

   ...stipulated that consent to a sale could only be withheld if the proposed purchaser was unsuitable, or the Ss were themselves in breach of their Licence conditions. 15. In making a decision on this matter, I am required to have regard not only to the law, but to the substantial merits and justice of the case (s18(6)). I have considered whether this entitles me to imply a right for the Cs to take or share the profit on sale. The Cs have subsidised and encouraged a valued common amenit...

3. E v S [2017] NZIACDT 2 (13 March 2017) [pdf, 105 KB]

   ...Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN T E Complainant AND Q S Adviser DECISION REPRESENTATION: Registrar: Ms Claire English, Lawyer, MBIE, Wellington Complainant: No appearance at the hearing. Adviser: Mr Chris Lahatte, Lawyer, Wellington. Date Issued: 13 March 2017 2 DECISION Introduction [1] The Registrar of the Immigration A...

4. Muru v Maungatautari Ecological Island Trust - Wani Wani 1 Block (2016) 131 Waikato Maniapoto MB 77 (131 WMN 77) [pdf, 204 KB]

   ...(Heard at Hamilton and Rotorua) Appearances: Mr Jefferies for the applicant Ms Garmonsway for the respondent Judgment: 24 November 2016 RESERVED JUDGMENT OF JUDGE P J SAVAGE Copies to: P Jefferies, Jefferies Law, P O Box 981, Hamilton 3240, peter@jeffrieslaw.co.nz S Garmonsway, Gallie Miles Solicitors, P O Box 170, Te Awamutu 3840, sue@gallie.co.nz mailto:peter@jeffrieslaw.co.nz 131 Waikato Maniapoto MB 78 Introduction [1] The originati...

5. Tito v Tito - Mangakahia 2B2 No 2A1A Ahu Whenua Trust (2017) 146 Taitokerau MB 135 (146 TTK 135) [pdf, 183 KB]

   ...operations. An AGM held in 2014/2014 did not progress back to Court, and that has not 146 Taitokerau MB 138 been helpful for the trust. There are still other proceedings outstanding before the Court which will also need to be followed through. Law [7] Section 19(1)(b) of the Act provides as follows: 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...

6. OJ & RJ v BX & KX [2023] NZDT 527 (29 October 2023) [pdf, 120 KB]

   ...is constructed on BX and KX’s side of the boundary it still defines where the boundary is and maintains the privacy of BX and KX’s rear yard where there was none before. At 1.8 m in height, it is within the 2m limit under the [Town] Council by-laws. 16. I find the claim that the gates should be removed for a continuous fence along the boundary to be unreasonable as BX and KX have legal access along the first section of the driveway to the rear of their property which access would...

7. [2022] NZEnvC 032 Currie v Palmerston North City Council [pdf, 177 KB]

   ...will be valid notwithstanding deficiencies in the form of the application, provided that appropriate procedures are followed, including notification where necessary, and the substance of the matter is properly considered. It is undesirable that the law relating to resource consent applications should descend unnecessarily into procedural technicalities. Substance is to be preferred to form [citing Sutton v Moule (1992) 2 NZRMA 41, 47]. [7] In arguing that the resource consent is void...

8. BT & NS v Q Ltd [2023] NZDT 66 (26 April 2023) [pdf, 205 KB]

   ...to the issues and is not intended to be a full record of the hearings or evidence presented. Was there an implied term in the Wedding Agreement that BT and NS’ wedding flowers would be kept for them to pick up the following morning? 9. The law of contract implies terms into a contract where the contract is silent or not clear. I find that it was an implied term of the contract that BT and NS’ wedding flowers would be available for them to collect the morning after their wedding...

9. Yeoward - Ngapuna A25 (2016) 144 Waiariki MB 287 (144 WAR 287) [pdf, 194 KB]

   ...wants it and we don’t want to do anything with it. None of our kids want to do anything with it or – and we’ve offered it to the whānau so it’s just going to sit there and go back to scrub again. So, to me that’s just a waste. The Law [11] The relevant provisions of the Act are ss 135 and 136, which state: 135 Change from Maori land to General land by status order (1) The Maori Land Court shall have jurisdiction to make, in accordance with section 136 or section 13...

10. BT v PO Ltd [2022] NZDT 80 (12 January 2022) [pdf, 179 KB]

    ...on the balance of probabilities that PO Ltd did not breach their duty of care to BT and did not cause the damage to his vehicle. Is PO Ltd liable for any damage to BT’s vehicle under the contract terms? 7. Under the principles of contract law, the terms of a contract must be clear and accepted by the parties to be enforceable. If a party breaches an essential term of the contract, the other party that has suffered is entitled to a remedy. 8. At the hearing, BT stated that he d...