Search Results

1. 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...

2. 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...

3. 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...

4. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 4 (9 February 2024) [pdf, 173 KB]

   ...[1] During a time of extreme personal stress, Mr U behaved in a manner which he admits was “rude, distasteful, disrespectful and regrettable”. This occurred in the context of his personal Family Court proceedings concerning the care of his children1 and their occupation of the former family home. In those proceedings Mr U represented himself. [2] Should a lawyer, conducting litigation in the most personal of circumstances, and in a private court setting (as oppo...

5. ENV-2016-CHC-000071 Application for Declarations [pdf, 3.6 MB]

   ...permitted clearance thresholds, resource consent is required under Rule 12 of the District Plan. 5 That Council has an active duty to avoid, remedy, or mitigate adverse effects on the environment under s6(b), s6(c), s17, s31(1)(b)(ii)(a) RMA to: (a) Protect areas of significant indigenous vegetation and significant habits of indigenous fauna, including when areas are not identified in planning maps. (b) Protect outstanding natural landscapes, including the landscapes' ecologica...

6. Family Court rewrite submission: Backbone Collective [pdf, 295 KB]

   ...the Family Court. Very few have been reported as positive. In most cases these women have reported their situation and that of their children has been made less safe. Women commonly tell us they wish they had never gone to the Family Court for protection, they wish they had stayed with the abuser as it was safer, they can’t wait until their child turns 16 because only then will they be safe, that no social service agency, nobody in Government or any of the commissions can help th...

7. Abortion Legislation Bill (Cabinet Papers) [pdf, 1.9 MB]

   ...perform abortions, and the oversight of abortion services generally. There would, however, be statutory provisions so women can self-refer to services and to ensure the availability of counselling in a timely manner. 13. Safe access zones aim to protect women accessing abortion services from intimidation by protesters. I propose including a regulation-making power, so that a safe access zone could be implemented to prevent harm to pregnant women or health practitioners accessing a speci...

8. BORA Evidence Bill [pdf, 406 KB]

   ...The bill's purpose is expressed to be: to help secure the just determination of proceedings by - (a) providing for facts to be established by the application of logical rules; and (b) promoting fairness to parties and witnesses; and (c) protecting rights of confidentiality and other important public interests; and (d) avoiding unjustifiable expense and delay 3. The bill codifies many existing rules of evidence and procedure (common law or statutory), but also modifies some rul...

9. NZ Law Commission review of the law of Trusts [pdf, 2.4 MB]

   ...make life easier rather than harder. There are some areas where we have, for good and sufficient reasons, pushed beyond current law and practice. The way we have phrased these recommendations is designed to mitigate any perceived ill effect. We have carefully considered these and have recommended an appropriate lead-in period so that practice can adjust, and, if desired, settlors and trustees can make changes to specific trust deeds. Of course, trustees will need to keep under review their admi...

10. Strengthening the Criminal Justice System for Victims: Survey report [pdf, 1.2 MB]

    ...the system should be more rehabilitative. Victims should be at the centre of the system Many people described the criminal justice system as offender-centric, which is exemplified by the following statement: “The system is totally geared towards protecting and supporting the offender.” 08 Respondents reported that the system is currently set up in a way which only works for the offender by: protecting the offender, offering the offender more support and investment than the victim,...