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1. ABY v ZYF [2013] NZDT 125 (17 September 2013) [pdf, 47 KB]

   ...failure remedied elsewhere and obtain from the suppler all reasonable costs incurred. For the consumer to be able to reject the goods, the fault must not be able to be remedied or must be of a substantial character. Decision [7] I have carefully considered this matter. The Applicant does not wish to have the computer repaired as she claims to have lost trust in it. The Respondent is clear that it is willing to repair but not refund. [8] The CGA is clear that the suppli...

2. CN v XN 2015 NZDT 833 (22 September 2015) [pdf, 67 KB]

   ...[2] In July 2015 CN filed a claim in the Tribunal for $6,000 from XN. Issue [3] The issue is whether BB was misrepresented. [4] This is a contractual dispute. The Contractual Remedies Act 1979 applies. The Consumer Guarantees Act 1993 and the protection it affords such as fitness for purpose do not apply as this was an agreement between private individuals. [5] Section 6 of the Contractual Remedies Act 1979 entitles a party to damages for any loss suffered where a party to a contr...

3. BORA New Plymouth District Council (Waitara Lands) Bill [pdf, 131 KB]

   ...psychological disability or impairment and physical or psychiatric illness, among other characteristics. 8. Clause 4(1)(d) of Schedule 2 in the Bill states that a vacancy occurs on the Board if a member has an order made under ss 10, 11, 12 or 31 of the Protection of Personal and Property Rights Act 1988 (‘the PPPR Act’) which reflects adversely on their competence to manage their own affairs in relation to their property or their capacity to make or communicate a decision relating t...

4. [2024] NZEmpC 45 MAH Enterprises (Fiji) Ltd v A Labour Inspector [pdf, 173 KB]

   ...established before making an order. That is to ensure that the rights of the affected party are adequately protected and reflects counsel’s obligations as an officer of the Court.9 As the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 provide, a lawyer has a duty to complete a retainer unless the client discharges them from the engagement, the lawyer and client have agreed that the lawyer will no longer act, or 1 Employment Relations Act 2000, s 18...

5. Evaluation of Whanau Protect (National Home Safety Service) 2022 [pdf, 1.6 MB]

   National Home Safety Service: Whānau Protect Evaluation Report 2022 Acknowledgements This report was written by Sue Allison and Tania Boyer from GravitasOPG. The quantitative data match of National Collective of Independent Women’s Refuges (NCIWR) administrative data and Police Recorded Crime and Victim Statistics (RCVS) was undertaken by the Ministry of Justice’s Sector Group . NCIWR provided anonymised collated administrative data. The authors...

6. [2022] NZEnvC 234 Paterson Pitts Limited Partnership v Dunedin City Council [pdf, 18 MB]

   ...was for a further evaluation of the option of adding a blanket provision to manage effects on heritage values, noting that it would increase the costs of some development due to new consent requirements. Ms McEwan stated that:19 This should be carefully balanced with managing the risk to heritage values. [36] Ms McEwan considered that the additional consenting costs could be managed through the appropriate use of non or limited notification clauses, while stating that:20 .... an...

7. White v Rodney District Council [pdf, 101 KB]

   ...relates to the local authority’s inspection of the building work during construction and in determining whether to issue and issuing a Code Compliance Certificate. Page 14 [42] The claimants allege that the local authority owes a duty of care to homeowners for economic loss arising out of defects caused by the local authority’s negligence in the course of the building process. The local authority owed a duty of care to the claimants in issuing the building consent, in...

8. OWRUG - EiC - K L Scott - Planning (5 Feb 2021) [pdf, 1.9 MB]

   ...thereby strengthen the base of the local economy. The scale of irrigation contemplated has the potential to change aspects of the region’s appearance as well as impacting on environmental values. If this is to happen then it needs to be done carefully to ensure the unique character of the area remains. In this respect it needs to be noted that in terms of development, agriculture is not the only interest. Parts of the area such as St Bathans, have aspirations for carefully manage...

9. KS v B Ltd [2024] NZDT 540 (10 July 2024) [pdf, 92 KB]

   ...right and owners must ensure that the vehicle can be removed without damage and in an orderly way. Further the landowner is required to ensure that the trespasser’s property is protected until the vehicle owner can regain possession. [6] I have carefully considered this claim and all the evidence put before me over two hearings. I am persuaded on the balance of probabilities that the applicant was given adequate notice of the restrictions on the use of the car park and that the applic...

10. Ngati Pahauwera Affidavits 2 of 4 [pdf, 11 MB]

    6 Vilma Hape photo 23: Raupunga School Beach trip to Mohaka 1999 - driftwood teepee and parent Vilma Hape photo 24: Raupunga School Beach trip to Mohaka 1999 - fire with children and parent, note fire is contained with rocks for safety 6 Vilma Hape photo 23: Raupunga School Beach trip to Mohaka 1999 - driftwood teepee and parent Vilma Hape photo 24: Raupunga School Beach trip to Mohaka 1999 - fire with children and parent, note fire is contained with rocks for safety Page 158