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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. UL v Q Ltd [2023] NZDT 383 (29 August 2023) [pdf, 181 KB]

   ...reinstalled the software. He said that was why it was sold for less than a brand new one. As a consequence, it would not have the same lifespan as a brand new laptop, which ordinarily would be between 3 to 7 years, depending on how it was used and cared for. The laptop was therefore sold with only a one year manufacturer warranty. 5. UL provided an article from Consumer NZ concerning the reasonable life expectancy of household goods. It found that “while we expect a laptop or d...

3. Disclaimer & terms of use

   ...business losses, loss of revenue, income, profits or expected savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. The contents of this web space's terms and conditions will protect the Ministry of Justice's officers, employees, agents, subsidiaries, consultants and sub-contractors in relation to any losses you suffer in connection with the web space. These limitations of liability apply even if the Ministry of Just...

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4. Apply for a welfare guardian

   ...free to apply for a Welfare Guardian Order. Apply to have a welfare guardian appointed People who can apply for a Welfare Guardian Order for themselves or someone else are: a person who is totally unable to make or communicate decisions about their own care a relative or attorney of the person who the Order is for a social worker employed under the Children, Young Persons, and their Families Act 1989 a medical practitioner or doctor a representative of any non-profit group that provides servic...

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5. [2016] NZEnvC 051 Craddock Farms Limited v Auckland Council [pdf, 2 MB]

   ...farming of poultry on site that does not comply with Rule 4.5.116, Rule 4.5.117 or Rule 4.5.119 is a discretionary activity. Auckland Council Regional Plan: Sediment Control • Rule 5.4.2.1 provides for earthworks outside of a Sediment Control Protection Area, on an area between 1 and 5 hectares where the land has a slope ofless than 15 degrees as a controlled activity. Auckland Council District Plan: Franklin Section 4 • Rule 23A.1.3.5 provides for Intensive Farming as a...

6. Revill v Registrar of REAA [2011] NZREADT 41 [pdf, 125 KB]

   ...drug offences when well over the age of 40. 5 We agree with Mr Hodge that it cannot be said that these were offences committed as an immature youth. Oral Evidence to this Tribunal [23] The applicant gave evidence before us and was carefully cross-examined by Mr Hodge as were a number of witnesses called in support of the applicant. All that evidence can be summarised in the following manner. [24] From about three years ago, the applicant has been in a relationship...

7. Mr G v REAA Registrar [2013] NZREADT 15 [pdf, 66 KB]

   ...the judgment of the Court is made in the interests of the community, having regard for the profession. This principle is equally applicable to licensing decisions under the Act. The purpose of the consumer-focussed Act is to: “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.” (refer s.3 of the Act). For consumers, real estate transactions are o...

8. Shropshire v March LCRO 64 / 2010 (28 October 2010) [pdf, 100 KB]

   ...responses of the parties, the Standards Committee determined, pursuant to section 152(2)(c) of the Lawyers and Conveyancers Act 2006 (the Act), to take no further action with regard to the complaint. The Committee perceived the Conduct and Client Care Rules relevant to the complaint were 2.3, 5, 6, 10, 12, 13 and 13.3. [2] The Applicant sought a review of the Committee‟s decision on the basis that the “Standards Committee erred in fact and in law”. He particularly chall...

9. XL v BF LCRO 04 / 2012 (19 July 2013) [pdf, 103 KB]

   ...legal fees far in excess of what she believed the legal work would cost and that Mr BF had not properly advised her how she would be billed. She also complained that Mr BF failed to undertake the legal work in a manner that was timely and also protected her interests, leading to her paying expenses that would otherwise have been avoided. Mr BF’s response [4] Mr BF stated that there were a number of difficulties that were faced in trying to complete the transaction. These incl...

10. Regulatory Impact Statement: Order of Inquiries to determine fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 [pdf, 600 KB]

    ...to the standard criminal trial process. If unfit, the court must consider the most suitable method of dealing with the defendant. The possible outcomes for the defendant under the Act are detention in a hospital or secure facility, compulsory care or treatment, or immediate release. 5. Any participant in the case (including the judge or the prosecutor) can raise the issue of fitness to stand trial. In practice, it is most likely to be raised by the defendant or their lawyer. O...