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1. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...and • Establish a new register to record name changes for overseas born people living in New Zealand. ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19: Freedom from Discrimination 5. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993. These grounds include age and marital status. 6. In our view, taking into account the various domestic and o...

2. LE v BI [2024] NZDT 31 (2 February 2024) [pdf, 139 KB]

   ...purchase the Baby Carrier? 5. Generally, the rule of Caveat Emptor (‘let the buyer beware’) applies to the private sale of goods and there is no warranty regarding the quality of the goods or their fitness for purpose. This means that the protections given to purchasers who purchase in trade are not available to a private CI0301_CIV_DCDT_Order Page 2 of 4 purchaser, and a party in private contractual negotiations is usually under no obligation to ensure that the other p...

3. Scullin - Taungaure 1 Section 2 (2007) 97 Opotiki MB 236 (97 OPO 236) [pdf, 253 KB]

   ...Section 2, the subject of this application. Applicant's e,ridence and submissions [3] The principal reason provided by the applicant for the change of status is "there is urgency for the sale of the land in order to facilitate the better care of the applicant's wife and family by providing a residence in Rotorua." At 304 Rotorua MB 214 the applicant's sworn affidavit is recorded. The relevant excerpts are as follows: 97 Opotiki MB 237 " ... (3) 1...

4. [2018] NZSSAA 31 (5 July 2018) [pdf, 145 KB]

   ...adjourn the proceedings. Background [18] On 29 September 2016, the appellant applied for JSS with a medical deferral after his ACC payments stopped. When he applied for JSS he said his wife 5 was from China and her son was in his care. On 19 October 2016, he was granted JSS at the sole parent rate. His wife was not included in this benefit because she did not meet the residency criteria in s 74AA of the Act, which requires a person who is not a New Zealand citiz...

5. [2018] NZEnvC 116 Kumeu Property Limited v Auckland Council [pdf, 8 MB]

   ...retaining walls and pathways). [8] I have sighted the plans in question, and I am satisfied that it reflects the intent of the Decision. 3 [9] Condition 15 also is reflected in the new plan, and shows a walkway between the facility and the childcare centre. It also now contains a provision for the Council to review the provision of pedestrian access to State Highway 16. Again, I am satisfied that this reflects the intent of the decision. Conclusion [10] The consent now set...

6. Auckland Standards Committee 2 v Aitken [2020] NZLCDT 13 [pdf, 131 KB]

   ...offending or of the practitioner, then, if appropriate, considers relevant authorities before making an assessment about a proportionate response. [17] The Tribunal must, in assessing penalty, be mindful of the purposes of the Act which are the protection of the public and the maintenance of confidence in the provision of legal services. [18] Penalty in professional discipline cases is not imposed for punitive purposes, although it is recognised that there can be punitive outcome...

7. L Ltd v B Ltd [2024] NZDT 86 (22 February 2024) [pdf, 139 KB]

   ...the money wrongly. 3. The issues to be determined were as follows: a. Was B Ltd legally entitled to take the money from L Ltd in these circumstances, bearing in mind the terms of the contract between the parties, any allegations of a lack of care by L Ltd, or any harsh or unconscionable contractual terms, or behaviour on B Ltd’s part? b. What if anything is payable by B Ltd? Was B Ltd legally entitled to take the money from L Ltd in these circumstances, bearing in mind the te...

8. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [pdf, 230 KB]

   ...Disputes Tribunal was made on 14 July 2021 with respect to the previous claim. This new claim is different from the previous claim. A dispute has arisen between the parties whereby Z Ltd alleges that the work done by P Ltd was not done with reasonable care and skill and the resulting product/s were not fit for purpose. Z Ltd also alleges that P Ltd have therefore breached the terms of the contract between them, causing it loss. 2. QL appeared at the hearings on behalf of Z Ltd. RJ app...

9. Baker v High Court (Costs) [2022] NZHRRT 4 [pdf, 696 KB]

   ...her statement of claim in the Tribunal the plaintiff first filed with the Human Rights Commission a complaint that she believed she had been subjected to victimisation and discrimination by the Commissioner of Inland Revenue for being a part-time carer of the plaintiff’s child. [9.3] By email dated 10 June 2021 the Commission explained to the plaintiff that the terms of HRA, s 79(3) prevented the Commission from offering its dispute resolution service: I write in response to your com...

10. OIA-106275.pdf [pdf, 362 KB]

    ...case. This table counts cases active as at the same date each year A case may involve a mix of self-represented parties, parties with lawyers, and parties of an unknown status. A party may be involved in one or more cases at the same point in time, e.g. Care of Children Act 2004 case and a Family Violence Act 2018 case. This data includes cases filed under the following case types: *It has only been possible to record a party as self-represented in a standardised way since mid-2013, as such s...