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  1. Wentzel v Collie [2012] NZWHT Auckland 15 [pdf, 250 KB]

    ...had detailed in his assessor’s report. Mr Dibley appeared as a witness for the claimants. He had been the inspector for DBH when the two determinations were made and had prepared two substantive reports and a cladding report for DBH which formed the basis of the determinations. Mr Dibley gave evidence contemporaneously with Mr Templeman. [34] In his report Mr Templeman identified four key deficiencies causing current damage. These were: Cracking in the cladding w...

  2. LCRO 119/2016 XY, ZW, QM, and ABC Lawyers v TQ (16 November 2018) [pdf, 466 KB]

    ..................................................................................................................................... 6 Enforcement of loans ........................................................................................................................... 7 Witnessing signed unprepared (blank) Authority and Instruction (A&I) forms ..................................... 7 Standards Committee decision ....................................................................

  3. [2021] NZEmpC 199 Lawton v Steel Pencil Holdings Ltd [pdf, 415 KB]

    ...strengthening enforcement of employment standards is also reflected in the first reading of the Bill as to the intended purpose of what became Part 9A.10 The Regulatory Impact Statement prepared by MBIE11 and the Cabinet paper12 that recommended the reforms also referred to the intention being to increase directors’ and others’ liability in circumstances where a company is unable to rectify a breach. [33] That the regime created by the 2016 Amendment was more wide-ranging than

  4. Ngāti Kahungunu ki Wairarapa Tāmaki nui-ā-Rua Claims Settlement Bill [pdf, 962 KB]

    ...consistent with articles 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.4 Whether s 27(3) at issue 9. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring ci...

  5. BD Ltd v YW [2013] NZDT 654 (28 November 2013) [pdf, 114 KB]

    ...LIMITED APPLICANT AND YW RESPONDENT Date of Order: 28 November 2013 Referee: Referee Reuvecamp ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed Facts [1] The applicant claims $5,202.37 in respect of goods to the value of $3,917.17 supplied to ABC Limited (“ABC”, company number #####) during 2011 and interest and enforcement costs. The company is now in liquidation. The applicant claims that the respon...

  6. BORA Rongowhakaata Claims Settlement Bill [pdf, 279 KB]

    Rongowhakaata Claims Settlement Bill 15 February 2012 ATTORNEY-GENERAL Rongowhakaata Claims Settlement Bill (PCO 14005 version 3.9): Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/166 1. I have considered the current draft of this Bill for consistency with the New Zealand Bill of Rights Act 1990 (“the Bill of Rights Act”). I conclude that the Bill appears to be consistent with the Bill of Rights Act. This advice addresses issues which arise in...

  7. Costs & disbursements

    ...but there has not yet been a judgment on the final application. You should carefully record the costs and disbursements you incur in bringing or defending a proceeding, as you may have to show evidence of them if your proceeding is successful and they form part of an application for costs. Costs In most cases, when a judge orders the unsuccessful party to pay costs, the Judge will allocate a scale for the costs to be calculated. The cost scales are listed in: Schedule 4 of the District Court...

  8. CW v Accident Compensation Corporation (Claim for cover for mental injury) [2025] NZACC 057 (7 April 2025) [pdf, 338 KB]

    ...Hearing: 3 March 2025 Submissions: B Hinchcliff for the Appellant F Becroft for the Respondent Judgment 7 April 2025 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE D L HENARE Claim for cover for mental injury s 26(1)(c) Accident Compensation Act 2001 ____________________________________________________________________ Introduction [1] In 1980, CW received an injection into her supraspinous/interspinous ligament a...

  9. Tully v Yerman [2012] NZIACDT 19 (9 May 2012) [pdf, 102 KB]

    ...Ms Yerman replied by email to Ms Tully, and indicated she needed the appeal form to be signed and some other matters, and would proceed with preparing the appeal that weekend. [10.10] 15 April 2010 A person in Ms Yerman’s office sent an email requesting some documentation from Ms Tully so the appeal could be prepared. [10.11] 20 April 2010 Ms Tully delivered the material requested in the 15 April 2010 email, including signing the appeal form, and paid the fee to lodge the appeal

  10. TN v JH and GG [2020] 1321 NZDT (14 September 2020) [pdf, 212 KB]

    ...a perfect family car, or first car, as a perfect family car would be economic to warrant. This is therefore misleading. Also, all the other statements are only half true. Where statements are made that of themselves are true, but there is key information missing that the sellers know that relates to the information given, there is a duty to disclose the missing piece. The missing piece was that the sellers had owned the car for not much more than a week, the ad they bought it from expl...