Ministry of Justice

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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. Audit summary report [pdf, 609 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 rated 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 obtained...

8. Youth Court - The Youth Courts of New Zealand in 10 years time [pdf, 635 KB]

   ...offences (not now within the Youth Court jurisdiction unless associated with imprisonable offences arsing out of the same circumstances) would all be heard in the Youth Court. Boys in short trousers would not be mixed up in the adult court lists for careless driving with the likelihood of a conviction – when they would have received a better outcome (a possible absolute discharge) if they had assaulted the police officer at the time and thus been within the Youth Court’s oversight...

9. Auckland Standards Committee 5 and Southland Standards Committee v Taia [2022] NZLCDT 17 (9 June 2022) [pdf, 244 KB]

   ...that his conduct contravened various rules of conduct, and we further find in these circumstances that the conduct was “wilful or reckless”.9 He failed to act competently,10 he failed to act in a timely manner,11 he failed to take reasonable care12 and he ignored the s 147 direction.13 His failure to inform his supervisor that the N’s had complained raises warning flags for us because it demonstrates that the scaffolding provided by earlier order of the Tribunal was rendered...

10. LCRO 212/2016 LM v HR (22 September 2017) [pdf, 266 KB]

    ...with in a normal manner” without such nonsense. Regarding the allegations by Ms HR, Mr LM said: (a) Ms HR has breached the requirements of Rules 6 & 29 of the Lawyers and Conveyancers Act (Conveyancing Practitioners: Conduct and Client Care) Rules 2008 in making an allegation against LMN. (b) Ms HR appears to be of the view that a reverse undertaking is probably unlawful without considering the statement made by Mr G (the [designation] of the Property Law Section of the N...