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1. EI v CT [2021] NZDT 1703 (24 June 2021) [pdf, 104 KB]

   ...implies minimum standards (guarantees) for goods and services supplied in trade to consumers and provides a scheme of remedies when those guarantees are breached. Section 28 CGA requires services, such as those provided here, be provided with reasonable care and skill; s 29 CGA says services must be fit for any particular purpose advised by the consumer. CI0301_CIV_DCDT_Order Page 2 of 4 7. I make two findings: a. I find EI breached the contract as the plan provided was not prepare...

2. LN v SU & Ors [2024] NZDT 376 (5 March 2024) [pdf, 189 KB]

   ...3. The respondents did not attend the hearing or submit any defence to the claim. The absence of a party does not prevent the hearing from going ahead. 4. The issues to be determined are as follows: a. Was the work carried out with reasonable care and skill? b. If not, what remedy is LN entitled to under the Consumer Guarantees Act? c. And, which of the respondents are liable under the contract? Was the work carried out with reasonable care and skill? CI0301_CIV_DCDT_Order...

3. SG v S Ltd [2024] NZDT 557 (5 July 2024) [pdf, 184 KB]

   ...plans were incorrect. SG alleges [the Architect] and S Ltd are liable for the encroachment. This claim is against S Ltd only and SG claims $30,000.00. 2. The issues I must decide are: a. Was S Ltd’s work completed with reasonable skill and care? b. If not, did S Ltd refuse, neglect or fail to remediate any failures? c. If not, was the failure of a substantial character? d. Is the amount claimed reasonable, taking into account SG’s obligation to mitigate his loss?...

4. Guide for Policy and Legal Advisors

   ...are engaged by policy proposals How to determine whether a limitation on a right is justified What if a limitation is unjustified? 1. What the Bill of Rights Act does The purpose of the Bill of Rights Act The Bill of Rights Act aims: to affirm, protect, and promote human rights and fundamental freedoms in New Zealand; and to affirm New Zealand’s commitment to the International Covenant on Civil and Political Rights. The Bill of Rights Act focuses on civil and political rights. Other...

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5. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

   ...The 2017 Instrument had been drafted by a then employee of X Ltd, UT. It is understood that UT was subsequently struck off for unrelated reasons but had a practising certificate at the time. In light of his sister’s concerns, IE had sought the protection of an instrument that gave him the right to make personal expenditure, and attended the meeting where UT discussed the proposed EPA with NE. However, the subsequent Family Court proceedings showed that X Ltd had drafted an instru...

6. Otago Standards Committee v Milne [2013] NZLCDT 18 [pdf, 157 KB]

   ...be able to repay those monies when legally required to do so. [11] Other particulars, that he breached the fundamental obligations of a lawyer required to be observed under LCA: to be independent6; to observe fiduciary duties and duties of care7; and to protect the interests of his clients8; were all admitted by Mr Milne. 1 A breach of s 110. 2 A breach of s 111 3 A breach of s 113. 4 A breach of s 114. 5 In his fo...

7. BD v EG LCRO 107/2012 (26 Aug 2015) [pdf, 54 KB]

   ...review of a decision by the [City] Standards Committee [X] in which a finding was made that by charging a fee that was not fair and reasonable Mr EG’s conduct contravened rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules) 2008 (the rules) and fell within the definition of unsatisfactory conduct in s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act). Background [2] In 2011 Ms BD instructed Mr EG to amend clause 2 of a will she had made in...

8. Tidmarsh v Glover [pdf, 271 KB]

   ...$3,500.00. CAUSES OF ACTION [33] Those who design, build, develop, inspect or sell leaky buildings may be liable to owners of those buildings for breach of contract and/or alternatively, in tort for negligence for breach of the duty of care. The CLAIM NO.01086 – TIDMARSH DETERMINATION.doc 11 contractual liability may arise out of a building contract and/or from warranties contained in a Sale and Purchase Agreement. [34] Owners may claim against all the various resp...

9. Auckland Standards Committee 2 v Burcher [2020] NZLCDT 18 (30 June 2020) [pdf, 145 KB]

   ...1 NZLR 1. 3 [6] In the decision of Auckland Standards Committee 1 v Fendall3 the High Court, referring to disciplinary proceedings against a lawyer stated: “The predominant purposes are to advance the public interest, which includes protection of the public, to maintain professional standards, to impose sanctions on a practitioner for breach of his or her duties, and to provide scope for rehabilitation in appropriate cases.” [7] We note further, that the maintenance of p...

10. Justice Statistics data tables - notes and trends December 2021 [pdf, 271 KB]

    ...Family Court applications In 2021, there were 56,707 substantive applications filed in the Family Court. This increased 5% from 2020. The largest number of applications filed were for guardianship cases (27%). These applications relate to the Care of Children Act 2004 (excluding Hague) and are mostly applications for parenting orders. The next most frequent case types in 2021 were related to care or protection under the Oranga Tamariki Act 1989 (15%), family violence (14%),...