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1. Crosswell v Auckland City Council [pdf, 96 KB]

   ...inspection report when they were aware of intermittent water leaks over a number of years coupled with their acceptance that they were aware of the publicity of leaky homes in late 2005, the claimants were negligent in failing to take further steps to protect their position. In following the High Court decision in Byron Ave, the Tribunal reduced the claimants’ claim by 20% for contributory negligence General Damages In the Tribunal’s jurisdiction, only an owner of a leaky home cla...

2. CN v XN 2015 NZDT 833 (22 September 2015) [pdf, 67 KB]

   ...[2] In July 2015 CN filed a claim in the Tribunal for $6,000 from XN. Issue [3] The issue is whether BB was misrepresented. [4] This is a contractual dispute. The Contractual Remedies Act 1979 applies. The Consumer Guarantees Act 1993 and the protection it affords such as fitness for purpose do not apply as this was an agreement between private individuals. [5] Section 6 of the Contractual Remedies Act 1979 entitles a party to damages for any loss suffered where a party to a contr...

3. Harland v ACC [2014] NZACA 13 [pdf, 166 KB]

   ...Respondent HEARING 15 April 2014 at Auckland AUTHORITY Robyn Bedford APPEARANCES P Nee Harland, as advocate for the appellant P McBride, counsel for the respondent DECISION [1] This appeal concerns a request for backdated attendant care under s 80(3) of the Accident Compensation Act 1982, made by Mr Nee Harland on his daughter’s behalf on 10 March 2003 in respect of injuries Grace suffered on 3 June 1988 as a result of a forceps delivery birthing accident which dam...

4. Director of Proceedings v Health New Zealand [2024] NZHRRT 52 [pdf, 403 KB]

   ...defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill; and Right 4(4) by failing to provide services in a manner that minimised potential harm to, and optimised the quality of life of, the aggrieved person. [3] Having considered the agreed summary of facts the Tribunal is satis...

5. LCRO 152/2017 CS v GB (22 May 2018) [pdf, 248 KB]

   LCRO 152/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee BETWEEN CS Applicant AND GB Respondent The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] Mr CS has applied for a review of a decision by the [City] Standards Committee (the Committee) to tak

6. LCRO 201/2017 ZK v XM (29 June 2018) [pdf, 288 KB]

   ...2013, that Mrs RM informed Ms ZK that Mr GH had not told [Mrs RM] about that financial assistance. [7] By May 2013, Mrs RM was a resident at [Rest Home A] ([Rest Home A]). She was 85 and had suffered strokes. She wanted to make a new will. A care giver at [Rest Home A] asked Ms XM to see Mrs RM. Ms XM made two visits to [Rest Home A] to obtain Mrs RM’s instructions on 16 and 31 May 2013, and then on 17 June 2013 to attend Mrs RM on signature of the will. [8] Under her Ju...

7. BORA Crimes (Reasonable Parental Control and Correction) Amendment Bill [pdf, 140 KB]

   ...preventing the child from engaging or continuing to engage in conduct that constitutes a criminal offence • preventing the child from engaging or continuing to engage in offensive or disruptive behaviour • performing the tasks incidental to good care and parenting, or • correcting the behaviour of a child. The defence will only arise in cases that rise to the level of assault, meaning instances involving more than de minimis force. 4. The Bill also repeals existing s 59(4)...

8. LCRO 226/2016 TS v KN [pdf, 113 KB]

   ...action in respect of his complaint concerning the conduct and fees of his former lawyer, Mr KN. Background [2] Mr KN acted for Mr TS in parenting and relationship property matters before the Family Court in 2011/12 and again in relation to the care of the children from 2013 to 2015. Mr TS’ former wife was legally aided. The parents each alleged the other had been violent towards the children. Mr TS says care was effectively shared between him and the children’s mother at le...

9. [2018] NZLCDT 29 Auckland Standards Committee 2 v Horsley [pdf, 96 KB]

   ...propose to repeat the specific failings which we found in the practitioner but we do record by way of guidance for other lawyers, that where a client is elderly, good practice demands independent verification of capacity and the taking of particular care in ascertaining complete understanding and consent to a transaction being undertaken on that person’s behalf. [4] Counsel are agreed as to the principles underlying the Tribunal’s role in imposing penalty. It is not a punitive...

10. VH Ltd v KI [2024] NZDT 386 (24 June 2024) [pdf, 97 KB]

    ...the risk for what happened in this situation and that KI is not liable for the sum he paid to the hacker. Factors I have considered in reaching this decision included the following: a) As a business dealing with the public, VH Ltd has a duty of care to be aware of BEC fraud and to take precautions against it and to warn its customers. This duty arises out of s28 of the Consumer Guarantees Act 1993 (CGA), which states that where services are supplied to a consumer there is a guarantee...