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1. Butler v Accident Compensation Corporation (Personal Injury, Causation) [2023] NZACC 165 [pdf, 540 KB]

   ...Evidence ........................................................................................... [62] Initial Assessment .............................................................................................. [63] Accident Compensation Claim .......................................................................... [69] 2008 ................................................................................................................... [74] Corporation Telephone Record ......

2. Stanley & Anor as trustees of the Lucy Stanley Family Trust v North Shore City Council [2011] NZWHT Auckland 20 [pdf, 194 KB]

   ...flashings inspections with EIFS cladding, or LAM application inspections, as it relied on certificates from the approved applicators. The defects with this house it submits were picked up on the final inspection or alternatively certificates were requested. The Council notes the failed final inspection recorded 19 items that needed to be addressed before a CCC could be issued and these included certificates from the cladding installer and the LAM applicator. [58] The standa...

3. WL v SE [2024] NZDT 160 (8 April 2024) [pdf, 207 KB]

   ...Family Violence Act, and includes threats of physical abuse, intimidation or harassment, damage to property, and financial or economic abuse. The definition of psychological abuse is wide and inclusive. It can be a single act or a number of acts that form a pattern of behaviour, even if the acts, viewed in isolation appear minor or trivial. The test for psychological abuse in relation to the granting of a protection order under the Family Violence Act is not an objective one, the Court mus...

4. N Ltd v KB [2024] NZDT 101 (26 February 2024) [pdf, 140 KB]

   ...purchased the vessel. The circumstances in which that damage occurred are unknown. 32. I accept that the “bow roller damage” theory is more persuasive than the “headline jumping out of the bow roller” theory. I do not have sufficient information to support a finding about whether the bow roller damage is more likely to have occurred if the vessel was grounded. However, I accept that there was a high risk of B grounding at the new mooring. b. Did N Ltd fail to exer...

5. BORA Ngāti Whātua Ōrākei Claims Settlement Bill [pdf, 289 KB]

   ...consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act [6]. Exclusion of remedy of compensation/civil liability 9. Clause 24(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under Part 2 of the Bill. Clause 82 excludes various categories of civil liability that may otherwise arise from the dissolution of the two existing...

6. Waitangi Tribunal Vol 2 Tauranga Moana [pdf, 9.2 MB]

   ...to the landscapes in which their whaka- papa (ancestry) embeds them. Their ancestral landscapes are those places made sacred by the lives and deaths of their ancestors. These landscapes include natural features such as forests and rivers ; physical formations such as mountains, valleys, harbours, and estuaries ; and cultural features such as pā, kāinga, mahinga kai, and wāhi tapu.27 The ancestral landscape defines the relationship between tangata whenua and the nat- ural environment ;...

7. LCRO 161-2016 XS v VS [pdf, 152 KB]

   ...Standards Committee determination (27 June 2016) at [7]. 2 At [9]–[11]. 3 … The Committee noted Mr XS’ obligation pursuant to rule 9.6 of the RCC to render a final account and the need for Mr XS to provide with the account sufficient information to identify the matter, the period to which it relates and the work undertaken. In the Committee’s view Mr XS had failed to charge a fee that was fair and reasonable for the services provided and breached rule 9.6 of the RCCC. The...

8. CG & XG v QC & KC [2025] NZDT 109 (4 March 2025) [pdf, 220 KB]

   ...transaction for the sale and purchase of real estate the principle of “buyer beware” will apply. However, the law and the contract itself may impose obligations which offset this presumption. 11. In this case the parties entered into a standard form contract for the sale and purchase of real estate. They used the 6thth edition of the ADLS/REINZ contract. The sale and purchase agreement does not contain a general warranty as to the condition of the property, any warranties as to t...

9. Family Legal Advice Service Operational Policy v1.7 July 2017 [pdf, 460 KB]

   ...Operational Policy for providing early legal advice for disputes under the Care of Children Act 2004 Family Legal Advice Service Operational Policy v1.7 July 2017 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and ful...

10. Biester v Kingi - Te Ti B Part being Lot 17 DP 61631 (2025) 296 Taitokerau MB 177 (296 TTK 177) [pdf, 289 KB]

    ...18(1)(a) of the Act. It does not seek relief against cancellation of the lease pursuant to the Property Law Act. In that closing, Mr Tūpara makes an unusual submission that terminating the lease will leave Ms Biester homeless, which he says is a form of elder abuse. It is not clear how that relates to the applications filed or the relief sought. Despite that, the general tenor of Mr Tūpara’s closing submission is that: (a) the trustees failed to uphold their obligations to their...