Search Results

1. TH v BC [2024] NZDT 141 (16 April 2024) [pdf, 215 KB]

   ...the collision? (g) If so, was there damage caused to TH’s car? (h) If so, what is the remedy? What is the legal framework? 3. The relevant law is the law of negligence. Negligence concerns the duties that one person owes another to take care. The standard of care required is that of a reasonable prudent driver. Drivers must take care not to drive in a manner that causes damage to another vehicle. 4. When one person breaches their duty of care on the road, causing damage to anot...

2. H Ltd v HF & OF [2022] NZDT 217 (16 November 2022) [pdf, 208 KB]

   ...claims for the invoice including interest provided for in the second agreement and costs relating to the preparation and hearing time in the Disputes Tribunal. 5. The respondents claim that H Ltd failed to provide their services with reasonable care and skill and that they should be awarded damages for the difference in the initial estimate provided by H Ltd and the ultimate estimate that H Ltd agreed upon in the Court hearing. Further, the respondents claim for stress and anxiety as a...

3. DKD v Smith [2019] NZIACDT 82 (12 December 2019) [pdf, 78 KB]

   ...(2) alternatively, failing to inform the complainant in a timely manner that an invitation had been issued and then failing to submit a residence application prior to the expiry of the invitation, thereby failing to exercise diligence and due care and to conduct himself in a timely manner, in breach of cl 1 of the Code; and (3) failing to provide the complainant with a written agreement before proceeding with his services, in breach of cl 18(a) of the Code. JURISDICTION AND PROCE...

4. ES v I Ltd & BI [2024] NZDT 143 (18 April 2024) [pdf, 145 KB]

   ...incurred as a result that she is entitled to be compensated for? (b) Did I Ltd enter into misleading and deceptive conduct when it issued a warrant for the [van] on 11 November 2021? (c) Did I Ltd breach its statutory guarantee to use reasonable care and skill when it issued the warrant? (d) If so, what loss can ES show she has incurred that she is entitled to be compensated for? Did BI misrepresent the [van]when he sold it to ES? If so, what loss can ES show she incurred...

5. ND Ltd v BX & TX [2020] NZDT 1561 (15 July 2020) [pdf, 201 KB]

   ...$30,000.00. 3. The issues I must decide are: a. Are BX & TX in breach of contract by not paying invoice 00127 on time? b. If yes, is the amount claimed by ND LTD reasonable? c. Was the painting work completed with reasonable skill and care? d. If not, did the supplier refuse to, neglect to or fail to remedy any failures or is the failure one of a substantial character? e. If yes, is the amount claimed by BX & TX reasonable? CI0301_CIV_DCDT_Order Page 2 of 5...

6. HK & QK v JF Ltd [2023] NZDT 334 (26 May 2023) [pdf, 123 KB]

   ...$14,191.80 to fix the issue with the coping, and the balance being an overcharge due to mismeasurement. 5. The issues to be determined are: • Did JF Ltd carry out its service with respect to the laying of coping at the pool edge with reasonable care and skill? • What remedy, if any, is available to HK and QK? • What is payable on the claim and counter-claim? CI0301_CIV_DCDT_Order Page 2 of 4 Did JF Ltd carry out its service with respect to the laying of...

7. Family Court Rewrite Submission - Portia Law [pdf, 443 KB]

   ...services that need to be filled? In terms of achieving the best outcomes for children, counselling for children with their parents would be of assistance. For example:  When a child is upset that their parent issued a warrant to enforce a care/contact arrangement and intervention is needed to repair the relationship.  When a child holds a view/wish that the parent cannot accept.  When a child’s perspective of a parent has been negatively affected by the other parent....

8. Family Fixed Fees Schedules July 2020 updated 28 October 22 [pdf, 482 KB]

   .................................................................................................................................................................... 2 ADOPTION – GRANTING NOTES ................................................................................................................................................ 3 CARE OF CHILDREN/GUARDIANSHIP .......................................................................................................................... 4...

9. [2020] NZEnvC 102 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 425 KB]

   ...suggested use of a restricted discretionary approach. [1 O] The issue relating to fumigants is stated in paragraph 4.9 of the Notice of Appeal by the Northland Health Board: 4.9 ... case law has confirmed that the HSNO regulations are insufficient to protect against off-site effects for large scale use of methyl bromide and supports comprehensive regulatory control of such toxic agents (Envirofume v BOPRC [2017] NZEnvC 12) Northland Public Health is also aware that methyl bromide...

10. Guardianship, custody & access: Māori perspectives and experiences [pdf, 627 KB]

    ...Pilot Study Interviews 83 12.1 Pilot Study/Applicant 1 83 12.2 Pilot Study/Applicant 2 84 12.3 Pilot Study/Respondent 1 86 12.4 Pilot Study/ Respondent 2 88 13 Issues and Themes 91 13.1 Framing the Issues and Themes 91 13.2 Principles Related to the Care and Upbringing of Children 93 13.3 Access to Justice Issues 97 13.4 Favourable Experiences 97 13.5 Counsel for the Child 98 13.6 Cost Issues 98 13.7 Other Services 99 14 Hei Whakamutunga 103 15 Glossary of Mäori Terms 105 16 Bibliography 107...