Search Results

1. [2023] NZEmpC 85 Joyce v Ultimate Siteworks Ltd [pdf, 166 KB]

   ...contemplates that an order for security for costs may, in effect, prevent a plaintiff from pursuing their claim. Nevertheless, access to the courts for a genuine plaintiff is not lightly to be denied. Therefore, such an order should only be made after careful consideration. However, a defendant is entitled to be protected against being drawn into unjustified litigation brought by an impecunious plaintiff, particularly where it is overcomplicated and unnecessarily protracted.5 [...

2. ENVC Hearing 6Oct14 DM expert Robert Greenway attachment [pdf, 5.2 MB]

   ...Waiheke’s walkways range from areas of historic interest to native wood pigeons. This brochure details eight of the island’s major walkways and their side trips, which can either shorten or lengthen the walk. Many of the roads are narrow so take care when walking. For your interest we have published additional information on our website: www.aucklandcity.govt.nz/walkways Check it out for historical facts and added landmarks to look out for. What to bring: • drinking water �...

3. FM v T Ltd [2022] NZDT 21 (28 February 2022) [pdf, 169 KB]

   ...follows: a. Were the earbuds of acceptable quality? b. If not, what remedy is FM entitled to under the CGA Were the earbuds of acceptable quality? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that goods are of acceptable quality (s 6). The meaning of acceptable quality includes being reasonably durable, and free from minor defects (s 7). 5. FM argued that the earbuds should n...

4. [2009] NZEmpC AC 44/09 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 22 KB]

   ...and sought relief against him in that forum. [2] Mr Dunn’s claim was for payment of a bonus said to be due to him by EcoCover (NZ) Limited (ENZ). Mr Dunn also claimed against Mr Cruickshank personally for penalties for breaches of the Wages Protection Act 1983 and for breaches of the requirements of good faith behaviour contained in the Employment Relations Act 2000 (“the Act”). Mr Cruickshank attempted to persuade Mr Dunn to abandon those claims against him pers...

5. BORA Ngā Hapū o Ngāti Ranginui Claims Settlement Bill [pdf, 282 KB]

   ...the right to bring civil proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, cl 24(3) affects the substantive law and does not fall within the ambit of s 27(3), which protects procedural rights. [3] Daniel Perkins Crown Counsel Disclaimer In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General...

6. BORA Te Atiawa Claims Settlement Bill [pdf, 278 KB]

   ...proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, cl 23(3) affects the substantive law and does not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. [4] Review of this advice 10. This advice has been reviewed in accordance with Crown Law protocol by Martha Coleman, Crown Counsel. Kristina Muller Crown Counsel Disclaimer In addition to the general disc...

7. BORA Crimes And Misconduct (Overseas Operations) Bill [pdf, 19 KB]

   ...Zealand law committed overseas". The objective is one of ensuring that such persons do not have impunity with respect to offences committed either in the course of the official operations of the overseas operating force (but subject to the usual protections in this situation) or outside of their official duties. Equally, it is preferable that New Zealand possesses jurisdiction for New Zealand personnel deployed overseas so as to avoid exposure to a judicial or penal system that may b...

8. 2021-02-25 List of Parties [pdf, 116 KB]

   ...and Game Council and the Central South Island Fish and Game Council Service via the website S274 Party Phil Murray Resource Management Ltd Service via the website S274 Party Pine Terrace Ltd Service via the website S274 Party Pomahaka Water Care Group Service via the website S274 Party Puketoi Farming Company Ltd Service via the website S274 Party Queenstown Lakes District Council Service via the website S274 Party Ravensdown Limited (Ravensdown) Service via the website S274 Pa...

9. CAC 10047 v Whiteford - Penalty [2011] NZREADT 16 [pdf, 145 KB]

   ...interest to a purchaser was less serious than a failure to make such disclosure to a client vendor. [8] We accept that an agent owes a fiduciary duty to a client vendor and not a purchaser. The Real Estate Agents Act (Professional Conduct and Client Care) rules 2009 defines a customer as being “a person who is a buyer or potential buyer of land or a business and who is not a client”. This means that a “customer” of a real estate agent is a purchaser and a “client” is a ven...

10. KY v DZ LCRO 174/2015 (25 October 2016) [pdf, 76 KB]

    ...copies of Family Court proceedings with someone other than Mr KY at a [specified location]. Background [3] Mr DZ acted for Mr KY’s wife in family matters from or shortly before March 2014. [4] Mr KY’s lawyer was Ms JR. [5] Mr DZ describes care of the children proceedings in the Family Court from 2012, and relationship property issues that were awaiting final resolution when he was instructed in 2014. Mr DZ communicated with Ms JR over their clients’ matters, 2 includ...