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1. BORA Wills Bill [pdf, 381 KB]

   ...Dealers and Pawnbrokers Bill in May 2003) an age restriction has been justified in terms of section 5 of the BORA as a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society. In other contexts (eg the Care of Children Bill in May 2003), we have concluded that they cannot. 8. This Bill is concerned with the age at which the law should recognise the capacity of a person to do a testamentary action. This is a significant life decision that conce...

2. SN & FN v U Ltd [2022] NZDT 260 (21 December 2022) [pdf, 121 KB]

   ...being the $12,347.70 outstanding amount invoiced for the roofing work (slightly less than the quoted amount) and the rest of the claimed amount being interest. 6. The issues to be determined are: • Did U Ltd provide its service with reasonable care and skill and is the product of its service fit for purpose? • What remedy, if any, is available to SN and FN? CI0301_CIV_DCDT_Order Page 2 of 5 • What are the relevant terms and conditions of the contract with respect to...

3. Singh v Kumar [2016] NZIACDT 18 (04 April 2016) [pdf, 103 KB]

   ...the urgent circumstances, created because the complainant sought assistance on the day his visa was due to expire. He did accept his narrative provided to the Registrar had an error, and given the importance of the issue, he should have taken more care, so fell short of the high standards of professionalism required of him. [3] The Tribunal convened a hearing. The complainant neither provided evidence nor attended the hearing. The Registrar did not challenge Mr Kumar’s response, and ac...

4. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

   ...tenants in common in equal shares. All other property, including bank accounts, was owned by them as joint tenants. [14] According to Mrs HY, the couple's prime concern by May 2009 was to ensure that the survivor of the two was taken good care of. After the death of the survivor their 3 home should go to Mrs VW, a niece of Mr MT who for some years had taken care of the couple, and did not have a home of her own.1 [15] Mr MT's last will appointed the lawyers as t...

5. Waitangi Tribunal Vol 2 Tauranga Moana [pdf, 9.2 MB]

   ...as the unnecessary damage to their taonga that development has caused. a particular complaint was that the decision makers – the Crown and its delegates, especially local government – had failed to prevent, and had often been complicit in, the careless and even casual pollution of waterways. Desmond tata, of Ngāi tamarāwaho, summed up this consistently expressed sentiment when he told us : 4.  Waitangi Tribunal, Te Raupatu o Tauranga Moana : Report on the Tauranga Confiscatio...

6. Holmes v Commissioner of Police [2012] NZHRRT 17 [pdf, 80 KB]

   ...information concerning their investigations. [5] Broadly speaking, the withheld information is in two categories. The first category comprises five pages which have been withheld in their entirety under s 9(2)(a) of the Official Information Act (protection of the privacy of a natural person) though in the course of the hearing the Tribunal was asked to consider the five pages in the context also of s 29(1)(a) of the Privacy Act. These pages contain no personal information about Mr Hol...

7. INZ (Foley) v Rodriguez [2019] NZIACDT 51 (23 July 2019) [pdf, 182 KB]

   ...2014 (the Code) are alleged: (1) by advising the employer that Mr B had confirmed he had the required welding skills when she had not asked him about that at that point in time, Ms Rodriguez may not have been honest or conducted herself with due care, in breach of cl 1; (2) by advising the employer that Mr B had confirmed he had the required welding skills when she had not asked him about that at that point in time, Ms Rodriguez may have misrepresented her client, in breach of cl...

8. Audit summary report FINAL [pdf, 608 KB]

   ...the whole the provider was competent and efficient and providing good service and value for money. Some results were good. Poor and very poor results For most audits ranked poor, specific obligations to clients weren’t met. For example, client care information wasn’t sent. On some very poor files, the lack of documentary evidence made it impossible for the auditor to determine the outcome for the client. However, in some audits with poor results, good outcomes were sometimes obtaine...

9. SH v CO & D Ltd & C Ltd & N Ltd [2021] NZDT 1615 (9 August 2021) [pdf, 237 KB]

   ...3. The issues to be determined are: a. What were the terms of the contract? b. Does the Consumer Guarantees Act 1993 (CGA) apply to the build? CI0301_CIV_DCDT_Order Page 2 of 7 c. Was the sewer pump fit for purpose? d. Was reasonable care and skill exercised in providing the painting service and was the outcome fit for purpose? e. Was there a failure to transfer the warranty on time? f. Is CO personally liable? g. Are the defects covered by the warranty? h. Is SH entit...

10. Wilson v Welch [pdf, 53 KB]

    ...estimated cost for that work was $41,265.00 including GST. None of the parties disputed the extent or cost of the repair work as estimated by the assessor. [23] The causes of the damage as identified by the assessor included: • There is no protective overhang at the top of the parapet wall to deflect the weather – design fault. • The boundary fence is located quite close to this wall and shadows the lower section of the wall. Page 8 • A timber deck abuts the...