Search Results

1. DF v QT [2024] NZDT 474 (11 June 2024) [pdf, 101 KB]

   ...their insurer. DF is trying to pay off the $12,539.08 debt to [construction company]. This has put her under significant financial pressure. 26. My finding is that it would be unjust for QT and EJ to retain the insurance payment. If they were permitted to retain it, as well as having the benefit of a new boundary fence that is acceptable in all respects other than the aesthetic, that would amount to an unjust enrichment, at DF’s expense. 27. The claim is successful. QT is to p...

2. Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill [pdf, 422 KB]

   ...warrant under will be tested against any alternatives available to respond to and manage the breach. Officers will not be insulated from scrutiny when relying on these powers. Section 21 – Warrantless searches 35. Warrantless searches are already permitted under the Act. Section 104(3) of the Act provides for a person authorised to place a young person in a residence to enter and search premises for the purpose of exercising that authority. Other warrantless powers are provided in ss...

3. Protection Order Applications flow chart jun2024 [pdf, 169 KB]

   ...for a without notice application. Breach of Police Safety Order - a Police Safety Order (PSO) can be issued by Police to protect people at risk from violence, harassment or intimidation. If the person bound by the PSO does anything that is not permitted, Police can take them to the District Court and request a temporary Protection Order be issued. This occurs as long as there is no objection from the person being protected. This temporary Protection Order follows the process for a wi...

4. [2024] NZEmpC 174 A Ifraz Investments Ltd v Jamal [pdf, 202 KB]

   ...fails to prosecute all or part of the plaintiff’s proceedings to trial and judgment; or (b) the defendant fails to prosecute all or part of the defendant’s counterclaim to trial and judgment. [15] Although the provision does not explicitly permit the Court to strike out proceedings for delay on its own initiative, power to do so arises under the Court’s inherent powers.3 3 Reid v New Zealand Trotting Conference [1984] 1 NZLR 8 (CA) at 10; and Philip A Joseph Joseph on C...

5. BX v HL [2024] NZDT 372 (13 June 2024) [pdf, 134 KB]

   ...to drive. 20. HL had been seizure free for approximately 40 years. He was on medication, and I accept his account that he was taking it regularly. His doctor stated that he was fit to drive. I note that by way of contrast, HL is not currently permitted to drive until his medical team confirm that he is fit to drive and that is reviewed and confirmed by Waka Kotahi (New Zealand Transport Agency) 21. There was no evidence supporting an assertion that alcohol played any part in this...

6. [2024] NZEnvC 258 Valentine v Auckland Council [pdf, 218 KB]

   ...Court’s decision but not call evidence; (a) the Council has junior counsel present at the hearing so that, if any matters arise during the hearing that the Council can assist with, there is a representative available to assist; (b) the Council be permitted to have input into conditions should the appeal be refused. [9] Counsel agreed with that proposal. [10] Having considered the Council’s submissions more fully following the Conference, I determine that it is appropriat...

7. LB & TB v BU Ltd [2024] NZDT 612 (29 August 2024) [pdf, 105 KB]

   ...The Respondent states that the weather tightness issue has arisen from the incorrect assembly of the kitset. The Respondent states that the design of the cabin is such that it needs to be allowed to be flexible so that any movement of the panels is permitted. The Respondent states that this is CI0301_CIV_DCDT_Order Page 3 of 4 why the instructions state that the building should not be screwed together as it prevents the building from expanding and contracting as it is designed to d...

8. EF v TB [2024] NZDT 617 (12 September 2024) [pdf, 100 KB]

   ...and his only food intake was two soups per week for six weeks. He had also consumed alcohol the night before the accident. 7. A letter from TB’s GP has also been submitted in evidence. Dr M states there was no medical impediment to TB being permitted to drive prior to the crash, however he agreed with the doctors attending TB at the hospital that ceasing medication could have been a contributing factor, although it was unclear if it was the main factor. No other medical conditions...

9. B Ltd v P Ltd [2024] NZDT 564 (9 August 2024) [pdf, 135 KB]

   ...van then failed the WOF due to rust and corrosion and has been unable to be driven since. 16. In summary, I find that B Ltd has proved a claim for compensation of $20,273.00. I note that as B Ltd has elected not to ask for a full refund, it is permitted to keep the van, and may opt to dispose of it or repair it. Referee: Sara Grayson Date: 9 August 2024 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that so...

10. [2024] NZEmpC 250 High Performance Sport New Zealand Ltd v The Athletes Cooperative Inc [pdf, 289 KB]

    ...[70] We note for completeness that counsel did not engage with the Parliamentary materials in any detail. The Court observes that s 14 originally required unions to have two or more members who were employees and that s 40 originally only permitted a union to initiate bargaining if two or more members of the union were employed by the employer and would come within the coverage clause.16 Those requirements were removed for practical reasons.17 There is nothing in the Parliam...