Search Results

1. Hettige and Gerreyen v Smith [2015] NZIACDT 9 (19 February 2015) [pdf, 76 KB]

   ...Any application for an order for the payment of costs or expenses under section 51(1)(g) should be accompanied by a schedule particularising the amounts and basis for the claim. [21] Mr Smith is at risk of a substantial financial penalty, loss of licence, and an order for compensation. In giving Mr Smith notice of the gravity of this matter, I am not indicating the Tribunal has reached any concluded view, or that the Registrar and the complainant may not successfully advance a case for im...

2. HN v N Ltd [2023] NZDT 146 (16 June 2023) [pdf, 212 KB]

   ...Reasons: 2. HN had an appointment to see a doctor at N Ltd on 14th June 2022 to obtain a driver’s medical certificate. The appointment went as planned where a few checks were completed, and a form was filled which would assist HN with his driver’s licence. 3. After the appointment, HN was given an invoice for $98 by the reception at the clinic which is the subject of this dispute. 4. HN is of the view that this fee should be $50 in line with the other appointments he has had...

3. DM v CI & QI [2024] NZDT 442 (24 June 2024) [pdf, 144 KB]

   ...dismissed. REASONS 3. DM offered to lend his [car] to CI for the period between 24 January 2024 – 26 February 2024 while DM was away [overseas]. CI had moved into DM’s home (with DM’s grandmother) while DM was away. Both DM and CI are on Learner Licences. 4. On a day when CI had driven to work in the car, QI (CI’s father) saw the car parked, unlocked. QI was concerned that CI was driving the car illegally as he only has a Learner’s licence. QI removed CI’s belongings...

4. DI v NI [2022] NZDT 251 (5 December 2022) [pdf, 214 KB]

   ...with outdoor living areas, unlined walls and two containers with door openings. They disagree that it gives them the value and benefit DI proposes it gives. 22. The Tenancy Tribunal pointed out that NI and TF own the property and at best DI had a licence to occupy. This was not formalised in a contract and gave NI and TF the legal right to end the licence to occupy at any time. CI0301_CIV_DCDT_Order Page 3 of 4 23. I acknowledge DI feels hurt and angry – he made that clear in...

5. QN v OR [2018] NZDT 1526 (9 February 2018) [pdf, 187 KB]

   ...operate and maintain the Station on the Site together with access over the formed Access Track and conveyance of electricity to the site as shown on the plan annexed hereto.” 3. From late 1990 until mid-1995 the parties attempted to negotiate a licence agreement which would provide OR’s occupation rights as an annual rental of $500.00 but no agreement was reached. 4. On 23 August 2006, NU visited QN at [Farm C]. NU was (and still is) the [job title] for OR. NU told QN that OR...

6. Te Muunu v Rakete - Punakitere 4J2B3A (2024) 283 Taitokerau MB 1 (283 TTK 1) [pdf, 217 KB]

   ...There is no formal agreement in place between the trustees and Jimmy authorising him to occupy this site. However, they do not object to him continuing to occupy the site. This permission from the trustees to occupy that site amounts to a bare licence. A bare licence is a precarious position as it can be revoked by the trustees at any time. [13] The trustees only agree to Jimmy occupying the site of his original occupation order. He does not have permission to erect any buildi...

7. MT v P Ltd [2024] NZDT 740 (29 October 2024) [pdf, 203 KB]

   ...duty to be perfect. 13. P Ltd allows customers to set up accounts online. This is entirely standard in consumer contracts for services such as telecommunications and internet. P Ltd required identity verification by way of passport or drivers licence information. At that time, P Ltd did not have the ability to digitally “view” the passport / licence. That technology is now used. 14. KX said that this process of verification was the same as other service providers used at t...

8. 2021-03-17 ORC PC7 - Transcript (up to end of day 7) [pdf, 2.3 MB]

   ...COURT: JUDGE BORTHWICK 135 year? MR MAW: Yes. 51 OTAGO REGIONAL COUNCIL PLAN CHANGE 7 – ENV-ENV-2020-CHC-127 (08 Mar 2021) THE COURT: JUDGE BORTHWICK And so is part of the issue – and it may not be but in terms of those mining licences now deemed permits, you’ve got the physical infrastructure itself has been authorised – what, under the mining permit, or...? MR MAW: 5 Yes, although there will be some interplay with the Building Act in terms of whether t...

9. Taipana - Āorangi Part Taonui Āhuatūranga Block 3A2 (2024) 486 Aotea MB 169-185 (486 AOT 169-185) [pdf, 688 KB]

   ...that the occupation order sought by the applicant could be granted in favour of a whānau trust constituted under Te Ture Whenua Māori Act 1993 (the Act). The matter was adjourned to chambers to consider whether that legislative amendment would permit an occupation order to be granted in the name of the Kahu Durie Family Trust. By minute dated 7 December 2022, the Court confirmed that the occupation order could not be granted in the name of the Kahu Durie Family Trust. Two options...

10. OTAGO REGIONAL COUNCIL v NGA RUNANGA NOE.pdf [pdf, 1.3 MB]

    ...needing to be 15 resilient against both external influences such as pandemics, but also increasingly influences closer to home in the form of regulations from short sighted regional councils. I have spent hundreds of hours engaged in the deemed permit renewal process for our community and the minimum flow setting process. And now we are here, talking of short term, low cost 20 rollovers. There is nothing low cost about this process and short term holds a higher cost than many of u...