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1. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 14 [pdf, 208 KB]

   ................................................................................................. 3 WHAT ARE THE DEFECTS THAT HAVE RESULTED IN DAMAGE? ..................... 4 WHAT IS THE SCOPE AND COST OF THE REMEDIAL WORK REQUIRED? ...... 5 WHAT WAS THE EXTENT OF THE DUTY OF CARE OWED BY MR WOODGER? 6 HAS MR WOODGER BREACHED THE DUTY OF CARE OWED, CAUSING OR CONTRIBUTING TO THE CLAIMANTS’ LOSS? ..................................................... 9 Defect A: poorly formed and const...

2. BORA Fiordland Marine Management Bill [pdf, 286 KB]

   ...exceptional marine biodiversity and valuable marine resources. The Fiordland marine environment is also an important economic area, but one that faces an escalation in human activity. It has been determined that the marine area of Fiordland needs careful management at a local level to ensure the preservation of all resources. 16. Therefore resources must be managed for use, development and protection, with a requirement to meet the needs of future generations.5 We consider this to...

3. Han v Auckland Council [2012] NZWHT Auckland 19 [pdf, 111 KB]

   ...assessor’s report, the signed witness statements, and the documentary evidence that has been filed. [5] The issues that I need to address are: i. What were the defects which caused water ingress? ii. Did the Urlichs breach the duty of care they owed Mr Han and Mrs Woo as the developers of the property? iii. Did the claimants contribute to their loss? iv. What is the appropriate cost of the remedial work? v. What is the correct apportionment of contribution between...

4. Te Manutukutuku issue 75 [pdf, 7.6 MB]

   ...received from the unit’s staff and Tribunal members was formative in his devel- opment as a historian, and showed him what historical research could achieve in a dynamic and collaborative environment. After leaving the Treaty sector, Keir forged a career as an academic researcher and educator. In 2017, he received a PhD from the University of Melbourne. In the last decade, he has held research and teaching positions in Australia and the United Kingdom, most recently at the Univ...

5. Delamere v Jiang [2017] NZIACDT 1 (17 February 2017) [pdf, 295 KB]

   ...persuade them to alter the outcome. He took two formal steps: [3.1] Lodging a request under section 61 of the Immigration Act 2009 for the discretionary issue of a visa; and [3.2] Lodging an appeal on humanitarian grounds with the Immigration and Protection Tribunal. [4] Both actions failed. [5] Ms Wang filed a complaint against Mr Jiang, which the Registrar evaluated. She exercised her statutory powers to obtain Mr Jiang’s file to assess properly what had happened. [6] Ho...

6. LCRO 31/2015 HN v TR [pdf, 153 KB]

   ...into account in this review. Ms HN’s complaints [9] Ms HN complained on behalf of herself, her sister and their mother.4 [10] The complaints were that, in sending the letter, Mr TR had breached rules 2.3 and 2.7 of the Conduct and Client Care Rules.5 She emphasised the stress the letter had caused her parents.6 3 Above n 1. 4 Letter HN to Lawyers Complaints Service (29 June 2014). Ms HN said she wrote on behalf of her siste...

7. J Ltd v PE Ltd [2024] NZDT 357 (9 March 2024) [pdf, 112 KB]

   ...counterclaims for a declaration of non-liability for the sum of $6,790.75 plus filing costs. 4. The issues to be determined are as follows: a. Does the Consumer Guarantees Act 1993 apply to this contract? b. Was the work carried out with reasonable care and skill? c. What remedy, if any, is PE Ltd entitled to under the CGA? d. Did J Ltd charge a reasonable price for the polyurethane product? e. Did J Ltd complete the work within the time contemplated by the contract, or within a r...

8. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...this Bill is an unprecedented public health emergency that requires a number of exceptional powers that would be unlikely to be justified in ordinary circumstances. In this context, it remains important to scrutinise each limit on a right or freedom carefully to ensure that it is justified in the circumstances. Examination of the trigger for the availability of powers 19. As noted above, the Bill specifies that the power to make orders under cl 10 may be exercised only where an Epidemi...

9. LCRO 104/2017 CH v SL (16 December 2019) [pdf, 167 KB]

   ...for a review of a decision by the [Area] Standards Committee [X] to take no further action on her complaint concerning the conduct of the respondent, Ms SL. [2] The complaint related to whether or not Ms SL acted competently and with reasonable care in having Mrs CH’s husband, TD, execute enduring powers of attorney. There was contention as to whether at the time he was mentally competent to do so. Background Preliminary [3] Several of the individuals to whom it is necessary...

10. BORA Ngāti Manuhiri Claims Settlement Bill [pdf, 286 KB]

    ...conferred under the Bill. 4. Further, even if the conferral of assets or rights on Ngāti Manuhiri and not other people did amount to differential treatment for the purposes of s 19, they do not result in the type of disadvantage that s 19 aims to protect against. That is, disadvantage arising from prejudice and negative stereotyping that perpetuates legal, social or political disadvantage faced by a marginalised group in our society. 5. Clause 107 reserves a right of access to wāhi ta...