Search Results

1. Tamati – Whareongaonga 6 Block (2012) 27 Tairāwhiti MB 194 (27 TRW 194) [pdf, 124 KB]

   ...Whareongaonga 5 to gain access to Whareongaonga 6; 1 ii. Pursuant to s 19 of the Act for an interim injunction granting the applicant the right to use the roadway access to Whareongaonga 6 across Whareongaonga 5 until such time as the roadway becomes at law an easement. Also sought are damages for injury and trespass caused by Whareongaonga 5 denying unrestricted access, and costs. 2 [2] These applications stem from a lengthy and complicated background which will be outlined bel...

2. DT v TX [2023] NZDT 291 (1 August 2023) [pdf, 149 KB]

   ...Tribunal filing fee? What was the agreement between the parties regarding the sale and possible return of the car? 8. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. 9. The parties signed a contract or agreement in relation to this matter dated 17 May 2023. 10. The contract stated – “if within 7 working days the vehicle is inspected by a recognised garage/mechanic and found...

3. Tomlins v Bellamy - Te Kata or Wairewa 2534 (2021) 90 Takitimu MB 56 (90 TKT 56) [pdf, 247 KB]

   ...10. His children would frequently call him re his health and wellbeing – I was present when some of theses calls were made to him. 11. My Uncle Ned has two children with eight grandchildren and 19 great grandchildren. Te Ture The Law [16] Section 43 of the Act provides for rehearings: 43 Rehearings (1) Subject to subsection (2), on an application made in accordance with the rules of court by any person interested in any matter in respect of which the court has...

4. TB v DF Ltd [2020] NZDT 1370 (9 October 2020) [pdf, 227 KB]

   ...1993 (CGA) regardless of what the contract says. In fact, the contract acknowledges this. It says in clause 1.4: Nothing in these policies is intended to limit or exclude U’s liability, or the liability of a Presenter, under applicable consumer law including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Similar wording in relation to the CGA is also repeated in clause 9.3. 8. Under the CGA there is a guarantee that the service will be reasonably fit for any par...

5. [2022] NZACC 65 – Estate of Margaret Taiapa v ACC (21 April 2022) [pdf, 199 KB]

   ...Notice of Appeal was lodged. [26] On 15 January 2020, Mrs Taiapa died. On 19 June 2020, Mrs Jodi-Anne Taiapa (the deceased’s daughter) confirmed that the family would be continuing the appeal on behalf of Mrs Taiapa as the Estate. Relevant law [27] Section 20(2)(a) of the Act provides that a person has cover for a personal injury which is caused by an accident. Section 26(2) states that “personal injury” does not include personal injury caused wholly or substantially by...

6. Reid - Kaiwaitau 1 (2004) 108 Wairoa MB 37 (108 WR 37) [pdf, 2.1 MB]

   ...and the trustees of the Kaiwaitau Trust were represented by Ron Barber. There were also a number of beneficial owners in attendance. After hearing extensive submissions from both sides the Court reserved its decision. This is that decision. The Law 10. The jurisdiction of the Maori Land Court to make a partition of any Maori freehold land is contained in Part XIV of Te Ture Whenua Maori Act 1993. Section 286/93 declares that the principal purpose of Part XIV is to facilitate the use an...

7. Couch - Rapaki Māori Reservation 875 Part Sec 6A & Sec 6B1B2C (2016) 37 Te Waipounamu MB 129 (37 TWP 129) [pdf, 205 KB]

   ...applicants R Calman for the Chief Executive of the Canterbury Earthquake Recovery Authority Judgment: 15 June 2016 REASONS FOR JUDGMENT OF JUDGE S F REEVES Copies to: Ranui Calman, Greenwood Roche Project Lawyers, ranui@greenwoodroche.com Ron Williams, Williams McKenzie Lawyers, DX WP 29504 Rangiora, ron@williamsmckenzie.co.nz mailto:ranui@greenwoodroche.com mailto:ron@williamsmckenzie.co.nz 37 Te Waipounamu MB 130 Introduction [...

8. 07.-Evidence-of-Ms-Janelle-Tamihana-Nga-Hapu-o-Kereru.PDF [PDF, 263 KB]

   ...which is located close by to the wetland. 39. What this means is that if people want to visit the cemetery to bury, or to pay tribute to, their dead relatives, they have a choice of either waiting months for permission from KiwiRail or breaking the law to gain access. 40. Securing access to this area is one of the broader outcomes we are seeking to achieve through the Te Ripo o Hinemata Wetland Restoration work we are Page 9 doing, and we are looking in particular for form...

9. Mao v Howitt [pdf, 60 KB]

   ...the scale. Samples of destructive testing were sent for analysis and a report on that was provided. The assessor concluded that the main causes of water entering the structure were the design of the dwelling which he said "is inherently flawed", the entry of water through the parapets, water entry into the exposed upper western elevation, entry of water at beam to wall junctions, entry of water around raking head windows, flashings and facings, initial entry of water aro...

10. Waitemata DHB v Shalini Sharma (Work Related Gradual Process) [2023] NZACC 39 [pdf, 176 KB]

    ...medical reports and MRI imaging, he concluded that there was no evidence to be found of any gradual process work-related personal injury, and there was nothing in Ms Sharma’s employment task which could cause the complaints that she had. Relevant law [29] Section 30 of the Accident Compensation Act 2001 (“the Act”) provides: 30 Personal injury caused by work-related gradual process, disease, or infection (1) Personal injury caused by a work-related gradual process, diseas...