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1. [2022] NZEnvC 126 Guthrie v Queenstown lakes District Council [pdf, 239 KB]

   ...proposal had been advanced. The Council’s approach to the PDP and the appellants’ proposal, therefore, was not inconsistent; (d) regarding the appellants’ submission on compensation for Ms Gathercole’s costs, it submits that recent case law recognises that it can be appropriate to recover such costs. It refers to Kombi Properties Limited v Auckland Council, which determined that if a council officer provides evidence that assists the Court’s evaluation, “it is legitimate...

2. Argyle v Macdee McLennan Construction Ltd & Ors [2012] NZWHT Auckland 30 [pdf, 361 KB]

   ...characteristics must be considered. [139] The test for assessing the existence and extent of contributory negligence was clarified by Ellis J in Findlay v Auckland 20 Stephen Todd (ed) The Law of Torts in New Zealand (5 th ed, Brookers, Wellington, 2009) at [21.2.02]; Hartley v Balemi HC Auckland, CIV 2006-404-2589, 29 March 2007 at [101]. Page | 35 Council.21 She determined three questions to be answered. In...

3. [2021] NZACC 162 – Murray v ACC (18 October 2021) [pdf, 247 KB]

   ...declining cover for bursitis and declining to fund surgery is reversed. [53] Counsel have leave to file memoranda in respect of costs should the need arise. Judge C J McGuire District Court Judge Solicitors: John Miller Law, Wellington for the appellant Lisa Hansen, Barrister, Wellington for the respondent

4. Matchitt v Butler - Matangareka 3B (2017) 177 Waiariki MB 170 (177 WAR 170) [pdf, 313 KB]

   ...rescission is appropriate. [16] In the present case, Ms Wara submits that such relevant factors include the trustees ignoring the owners’ concerns expressed at the AGM, the lack of innocent third parties, the trustees ignoring the advice of their lawyer in relation to avoiding conflicts of interest and the express advice not to enter any new commitments and the contracts have only operated for a short duration. Respondents’ submissions [17] Mr Bidois, for the trustees, oppos...

5. KT & OX & SX v P Ltd [2021] NZDT 1614 (4 August 2021) [pdf, 164 KB]

   ...resolved, and the settlement is approved. Did P charge the Applicants for an incorrect single-phase cable and then charge for the correct three-phase cable and, if so, should it refund all or some of this cost? 8. The general rule under the law of contract is that a supplier ought not to charge for putting right something that it has done incorrectly, however, it will depend on the particular circumstances whether this general rule applies. 9. During P’s work, a single-phase ca...

6. KN v T Ltd [2023] NZDT 106 (28 February 2023) [pdf, 230 KB]

   ...was not presented during the hearing. However, the terms of trade were referred to in T Ltd’s solicitor’s letter to KN dated 7 December 2022. 14. As a lay-person’s Tribunal, a Referee has an obligation to parties to inform them about the law that applies to the claim. Therefore, even though T Ltd did not advance its claim on the basis of the Terms and Conditions, I have nevertheless an obligation to consider them. Therefore, for completeness, I have addressed this issue. 15...

7. ENVC Hearing 6Oct14 NPI Trust Moana Te Waeroa numbered [pdf, 73 KB]

   ... Tumatapo  Te  Uri  Karaka  aka  Tom  Clarke  –  at  the  family   kainga  in  Hamilton  Road,  Surfdale,  Waiheke  Island.    He  is  named  after  Te  Aira’s   brother  in  law  Te  Meihana.         28   Tumatapo   Morehu   Te   Uri   Karaka   was   brought   into   this   world   by   his   father  Rehutai  (Pio)  Te  Uri  Karaka...

8. Appleton v Krissansen - Estate of Lavina Dawn Kahukore Appleton (2019) 194 WMN 291 [pdf, 155 KB]

   ...most appropriate course of action in this case would be for all of Lavina’s children to succeed to the Lot 5 occupation order, and then any party who wishes to change the persons entitled to hold it could apply to the Court to amend its terms. Law [14] Lavina did not leave a will. Section 109(1)(a) of Te Ture Whenua Māori Act 1993 provides that, on intestacy, the children of the deceased are primarily entitled to succeed in equal proportions. [15] Section 109A of the Act ap...

9. Lt and QT v OT Ltd [2021] NZDT 1430 (16 March 2021) [pdf, 213 KB]

   ...Mr T had built should be removed, and that a new fence should be constructed along the entirety of the boundary. The issue [12] At issue is the question of what kind of fence should be constructed, and where it should be positioned. The law [13] The parties have not come to any agreement about the fence. The Ts have served a notice under the Fencing Act 1978, and Mr R has served a cross-notice. I must consider the provisions of the Fencing Act in making my decision. I must al...

10. TZ & AS v TQ [2024] NZDT 220 (8 March 2024) [pdf, 210 KB]

    ...refund of money paid of $22,800.00, $12,000.00 for 6 months’ rent @$280.00 while they were waiting to move back to [address]; $350.00 for a building report, $600.00 for a roofer’s report, $690.00 for a bricklayer sub-contractor, $3,000.00 for lawyers fee and damages for emotional harm and stress. 3. The issues to be determined are: a. What was the agreed scope of the work and any timeframe? b. Did TQ fail to exercise reasonable care and skill and/or to produce an outcome that w...