Search Results

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. Ms C v REAA & Whitehorn [2013] NZREADT 42 [pdf, 83 KB]

   ...10 August 2011 [11] We understand that neither of the other parties to this case wish to respond to the appellant’s said submissions of 18 March 2013. We are conscious that, in its ‘Decision On Orders’ of 10 August 2011, the Committee gave careful consideration to the issue of publication and decided that its decision finding unsatisfactory conduct by the appellant should be published. The submissions put before the Committee seem to have been quite different from those put to us...

6. [2019] NZEmpC 140 Sfizio Ltd v Mawhinney [pdf, 404 KB]

   ...been met and, if so, how the Court’s discretion should be exercised under r 5.45(2). [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse a...

7. PA v Standards Committee LCRO 267/2014 (30 June 2015) [pdf, 68 KB]

   ...decisions to refer matters to the Tribunal. The Court noted that: 4 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevented it from being overwhelmed by petty or trivial cases. [38] Several decisions from this Office have emphasised the need for this Office to proceed with caution when considering wh...

8. LCRO 131/2024 RD v PS (28 January 2025) [pdf, 179 KB]

   ...decision. [57] Pursuant to s 206(4) of the Act, a Review Officer may direct such publication of his or her decision as the Review Officer considers necessary or desirable in the public interest. “Public interest” engages issues such as consumer protection, public confidence in legal services and the interests and privacy of individuals. [58] Having had regard to the issues raised by this review, I have concluded that it is desirable in the public interest that this decision be publi...

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. Consultation response report [pdf, 745 KB]

    ...proceeds of proceedings ........................................................................................... 7 Retain all closed legal aid files for a minimum of 7 years ................................................................... 7 Protecting the Commissioner’s interest .............................................................................................. 7 Conclusion ....................................................................................................