Search Results

1. EC & ECE v UX Ltd [2016] NZDT 895 (12 February 2016) [pdf, 86 KB]

   ...tiles and staining to the supposedly stain-resistant grouting. [5] The relevant law is the Consumer Guarantees Act 1993 (‘CGA’), specifically section 28 of the CGA which provides a guarantee that services will be carried out with reasonable care and skill. Issues [6] The issues to determine are: A. Were both scratches caused by UX Ltd? B. Does scratching the shower drain constitute a failure of reasonable care and skill on the part of UX Ltd? C. Aside from t...

2. LN v TD Ltd [2020] NZDT 1466 (13 March 2020) [pdf, 193 KB]

   ...furniture. Therefore LN is entitled to a refund of the purchase price. Was LN entitled to dispose of the sofa bed? 6. When a party has possession of goods belonging to another, even involuntary possession, they have a duty to take reasonable care of the goods. CI0301_CIV_DCDT_Order Page 2 of 3 7. LN organised for the sofa bed to be donated to the Salvation Army. Although her house guest did ask TD Ltd to collect the sofa bed the day after it was delivered, this was in the c...

3. Family Court rewrite submission: NZ Nurses Organisation [pdf, 224 KB]

   ...health, employment and social policy development. In general we support the review of Family Justice System, which aims to review the ‘2014 reforms’ which made changes the services and processes available to help separating couples agree on the care and contact arrangements for their children. We agree that family violence, in all its forms, is unacceptable, and that addressing the systemic barriers that disadvantage women and children from accessing quality, fair and culturally...

4. Family Court rewrite submission: RNZA College of Psychiatrists [pdf, 289 KB]

   ...is a membership organisation that prepares doctors to be medical specialists in the field of psychiatry and addiction, supports and enhances clinical practice, advocates for people affected by mental illness and advises government on mental health care. The RANZCP has more than 5,000 members, including around 3,700 fully qualified psychiatrists and almost 1,200 members who are training to qualify as psychiatrists. Psychiatrists are clinical leaders in the provision of mental health care in...

5. [2023] NZEmpC 158 Turner v Te Whatu Ora [pdf, 293 KB]

   ...the nature of the allegations it was not appropriate for Ms Turner to be at work while the investigation was undertaken. (b) The details of the allegations were of a serious enough nature that the DHB needed to be sure it met its obligations to protect the interests of, and minimise potential risk to, Ms Turner, other members of staff and patients. [21] Ms Turner and her representative from NZNO met with the DHB on 7 April 2021. Prior to the meeting commencing, Ms Turner’s...

6. Proactive Release: Response to the third Universal Periodic Review recommendations [pdf, 1.5 MB]

   ...Mandela Rules. A Māori Corrections strategy is being developed with Māori. A Corrections women’s strategy and transgender policies are being implemented. Work on a Corrections staff strategy on inclusion and diversity is in progress. 26. Health care for prisoners must be reasonably equivalent to services for the public. New Zealand will continue to invest in improving mental health services in prisons, including new facilities. 27. New Zealand will consider whether the curre...

7. BORA Human Tissue (Organ Donation) Amendment Bill [pdf, 213 KB]

   ...organs are inconsistent with section 19(1) of the Bill of Rights Act, and cannot be justified under section 5. Our analysis of these issues is set out below. SECTION 19: FREEDOM FROM DISCRIMINATION 10. Section 19(1) of the Bill of Rights Act protects the right of “freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993." These grounds include: • Age (which means any age commencing with the age of 16 years); and • Disability (which...

8. Final Report of the Independent Panel - Word [docx, 11 MB]

   ...counselling 91 Identifying and responding to complex cases 94 Case tracks and conferences 97 Without notice applications 99 Cost contribution orders 101 Part Four: Monitoring and development 103 Technology in the Family Court 104 Family Court Rules 2002 105 Care of Children Act forms 106 Monitoring 107 Final thoughts 110 Appendix One: Terms of reference 112 Appendix Two: Acknowledgements 114 Appendix Three: Prioritisation of recommendations 115 Appendix Four: Estimating additional costs of reco...

9. Te Korowai Ture ā-Whānau: The final report of the Independent Panel examining the 2014 family justice reforms [pdf, 1.3 MB]

   ...responding to complex cases 94 3.9 Case tracks and conferences 97 3.10 Without notice applications 99 3.11 Cost contribution orders 101 Part Four: Monitoring and development 103 4.1 Technology in the Family Court 104 4.2 Family Court Rules 2002 105 4.3 Care of Children Act forms 106 4.4 Monitoring 107 Final thoughts 110 Appendix One: Terms of reference 112 Appendix Two: Acknowledgements 114 Appendix Three: Prioritisation of recommendations 115 Appendix Four: Estimating additional costs...

10. LCRO 236-2015 DZ v EY [pdf, 176 KB]

    ...would eventually become the subject of a vehemently contested hearing before the Family Court. In the meantime, communications between J’s parents continued to deteriorate. [6] On Ms FX’s instructions, in November 2012, Ms EY applied for a protection order to prevent Mr DZ having contact with her, J and her daughter. Ms FX’s affidavit expresses her concern that she would be unprotected once the criminal allegations were resolved and Mr DZ was no longer the subject of bail co...