Search Results

1. TC v X Ltd & I Ltd [2024] NZDT 706 (4 September 2024) [pdf, 135 KB]

   ...plumbing claims its invoiced amount of $1334.00 from TC. 8. The issues to be determined are: • Were the blockages caused by construction waste? • If so, what remedy is available to TC? • Did I Ltd perform their service with reasonable care and skill when they opened up the ceiling to check for issues further down the system? • If not, what remedy is available to TC? Were the blockages caused by construction waste? 9. I find that there is insufficient evidence to...

2. Johnson v Canterbury/Westland Standards Committee 3 - Outcome of appeal of decisions [2018] NZLCDT 5 and [2018] NZLCDT 21 [pdf, 439 KB]

   ...26 Grounds of appeal on Charge 1 42 Analysis on Charge 1 43 No duty to give advice as to trustees’ duties 46 Preferring expert evidence of Mr Eades to that of Mr Haynes 50 Failure to follow Bartle 51 Rule 3 of the Conduct and Client Care Rules 60 Finding that Mr Johnson was guilty of high end negligence 63 Appeal on Charges 2 and 3 72 Scope of appeal on Charges 2 and 3 78 What constitutes misconduct? 79 Appeal against penalty 88 Result 101 Int...

3. Malik v Auckland Council [2011] NZWHT Auckland 7 [pdf, 313 KB]

   .................................................................... 31 Inspections by Building Consent Authorities ..................................................... 32 AFFIRMATIVE DEFENCES OF THE COUNCIL – VOLENTI NON FIT INJURIA / BREAK IN THE CHAIN OF CAUSATION / NO DUTY OF CARE...................... 40 Contributory Negligence ................................................................................ 44 CONCLUSION AND ORDERS ...................................................

4. E82 Martin Te Moni - EIC - Ngaati Whanaunga [pdf, 1.8 MB]

   ...involved with the Mana Whenua Panuku Governance Forum (“Governance Forum”) since around 2016. 8. Initially, we envisaged the relationship or partnership between Mana Whenua and Panuku would act as a korowai that encompassed our culture and protected our values. We hoped that the Governance Forum would allow us to have a voice and participate in matters that relate to our ancestral lands, water and other taonga and to help to give effect to related principles of Te Tiriti o Wa...

5. [2023] NZREADT 32 UM v REAA (3 November 2023) [pdf, 298 KB]

   ...self- referring a compensation claim. If it reverses or modifies a decision of a Committee, it may exercise any of the powers that the Committee could have exercised, including a referral under s 93(1)(ha). This is consistent with the consumer protection focus of the Act. Access to the Tribunal should not be unduly deterred. [40] In self-referring, the Tribunal would have to be satisfied of the existence of the same criteria as the Committee would have to be. The Committee’s...

6. Proactive release - Prohibiting conversion practices [pdf, 3.9 MB]

   ...attempts. They are not expressly illegal in New Zealand and continue to occur in unregulated settings. 3. This paper provides advice and options on three main issues for prohibiting conversion practices: how to define conversion practices, who should be protected by a prohibition and how, and how behaviours associated with the provision f conversion practices should be regulated. 4. A statutory definition of conversion practices needs to be broad enough to capture the practices that a...

7. Needham v Accident Compensation Corporation (Cover for Occupational Noise-induced Hearing Loss) [2024] NZACC 133 (5 August 2024) [pdf, 314 KB]

   ...first assessment was based on 33.5, he had transcribed this figure as 35.5. The second assessment clarified and corrected the transposition error. [60] There is no doubt both Mr Dawes and Mr Ruske are well qualified specialists. However, careful review of the evidence shows there are flaws in their assessments that relate to the requirement regarding clinical examination and also relating to the figure used in the calculations of hearing loss regarding the time Mr Needham worked...

8. Waitangi Tribunal theme G - Public works takings of Māori land [pdf, 1.4 MB]

   ...prime means of pacifying and ‘civilising’ Maori. Although settler governments liked to refer to the imposition of the benefits of English law, in fact the circumstances in which the provisions were applied to Maori land was the antithesis of the careful protections for landowners, the assumption of balanced rights and interests, and careful parliamentary scrutiny that characterised the development of the English provisions. The provisions also reflected a policy of rejecting the major Maori...

9. 20231124-Justice-BIM_Redacted-FINAL.pdf [pdf, 1.4 MB]

   ...aspects of our society and economy. You are responsible for more than 50 regulatory systems and more than 150 Acts. The Ministry of Justice administers more legislation than any other government department; the only agency with a comparable span of care (Ministry of Business, Innovation and Employment) has 17 regulatory systems incorporating 121 statutes. We support a significant proportion of Bills passing through the House, including periodic Statutes Amendment Bills that we co...

10. OIA-114187.pdf [pdf, 6.2 MB]

    ...information for release. In response to your request, please see the document table below which details the information being released to you. Some information has been withheld under the following provisions of the Act: • section 9(2)(a) to protect privacy of natural persons, • section 6(a) to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand, • section 9(2)(f)(iv) to maintain the constitutional conventions that prot...