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1. SN v UQ Ltd [2024] NZDT 349 (29 April 2024) [pdf, 102 KB]

   ...consumers. One example is that when providing services, the services must be provided with reasonable care and skill. This usually means that professional standards must be met. Advice about what work is necessary can often be separated from the performance of the work itself, if the person doing the work was not required to give advice in the circumstances of a particular case. Both advice and the performance of work are examples of services to which the CGA applies. 6. I note tha...

2. Jones v Sircombe [pdf, 43 KB]

   ...contractor”, and at no time sought the advice of the retailer as to the preferred roofing material that might be used. It was the builders who recommended the product. The shop did not stock Onduline and never had, and it was at the specific request of the claimant that the product was ordered in. It was then received and dispatched to the building site. 36. Ms Byers submitted that at all times the fourth respondent acted in good faith, promptly referring the complaint to th...

3. Ruka - Taheke 23 A (2012) 2012 Chief Judge's MB 416 (2012 CJ 416) [pdf, 192 KB]

   ...a marae for “many years” and that Hiri Reihana Ruka “asks only that a site be taken from his share of the land”. In essence the request of Hiri Reihana Ruka has been granted by the Court. 26. On 29 April 1974 Wahineiti Ellen Huriwai requested that the Court allocate an area of 2 acres for the marae and advised that “Hiri Richard Ruka filed the application on behalf of the Committee”. The Applicant claims that Hiri Richard Ruka was the “donee for Taheke 23A” but...

4. [2021] NZREADT 11 - Beath v The Real Estate Agents Authority, Mike Pero Real Estate Ltd, Kemp & Scoble (22 March 2021) [pdf, 246 KB]

   ...(affirmed by the Court of Appeal in Nottingham v Real Estate Agents Authority [2017] NZCA 1. 5 See Nottingham, at [81]. [a] Emails dated 4 and 6 March 2019 (which refer to emails and documents relating to the March 2015 transaction); [b] Cross-claim documents in a High Court civil proceeding brought by Mr Beath against the vendors of the property, the Agency, and the licensees (“the cross-claim documents””); [c] Emails between the Agency’s Administrator and the lice...

5. XG v NG & BQ [2021] NZDT 1642 (3 November 2021) [pdf, 250 KB]

   ...foundation. XG said that when he talked to KU after he had carried out the inspection, he (XG) was only concerned to hear whether the house passed the earthquake test. He said that KU told him that there were no major issues with the house. He then informed the agent to proceed with the purchase. It was when his wife received the [Inspection Company] Report by email, after the contract was signed, that he heard about the issues with the house. He said that receipt of the Report l...

6. Black v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 202 [pdf, 243 KB]

   ...continued to receive earnings for another 52 weeks. [5] On 7 February 1997, Mr Black’s father made a call to the Corporation. The note of the call reads: Father rang for Jeremy. He is off work and queried for weekly compensation. They completed forms at the hospital with case manager. I advised I would request the file and send an ARC/3 to Jeremy’s employer. Jeremy has another ARC/18 and they will post this in. IP (injured person?) is residing in Rolleston. Employer Cante...

7. [2008] NZEmpC AC 11/08 Shakes & Anor v Norske Skog Tasman Ltd [pdf, 54 KB]

   ...also of the applicable collective agreement. Although Mr McIlraith for the company emphasised the Authority’s finding on this issue at paragraph 45 of its determination that a company manager “…subsequently sent an email to each applicant requesting (sic) them to submit an annual leave request.” I do not think this can be said surely to be a finding that Messrs Shakes and Helyar agreed to the day being treated as annual or other leave. The sending of those e- mails (that I...

8. Manuel v Carroll - Lot 1 Deposited Plan 5004 Part Waimarama 3A1A1 (2020) 83 Takitimu MB 41(83 TKT 41) [pdf, 231 KB]

   ...October 2002 and October 2017, Mr Carroll occupied the land under a bare licence on the condition that he mow the lawns, pay the rates, and generally keep the property tidy and in good order. On 28 April 2017, Ms Manuel revoked that licence and requested that Mr Carroll vacate the land by 30 August 2017. A further notice was then issued extending the final termination date to October 2017. Mr Carroll ceased paying rates at that time and, contrary to the requests of the owners, has...

9. [2017] NZEmpC 102 Kaipara District Council v McKerchar [pdf, 176 KB]

   ...Employment Relations Act 2000 (the Act). [4] Costs were reserved with a timetable being imposed that would have ensured Chief Judge Colgan could have resolved any application for costs prior to his retirement. However, on 28 June 2017, counsel requested a revised timetable so that this could no longer be the case. [5] In a minute issued on 29 June 2017, Chief Judge Colgan recorded these views: If it assists the parties and the Judge who is to determine costs, my present vie...

10. Brockie & Anor as Trustees of the Brockie Trust v Millington [2010] NZWHT Wellington 5 [pdf, 245 KB]

    ...was a high wind/high exposure zone. In terms of his brief it was incumbent upon Mr Tribe to draw the attention of Mrs Brockie to this design weakness and the likelihood of it increasing the possibility of leaking so that she could make an informed decision. [30] A major area of leaking in this property was at the door thresholds and the deck. The deck had no fall. Mr Tribe was asked if he had used a spirit level to establish there was a fall. He said he did not and he h...