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1. ML v KD [2023] NZDT 757 (13 December 2023) [pdf, 190 KB]

   ...repairs, including the timing chain repair, is more than the price paid for the Car raising concerns about whether it is economic to repair; CI0301_CIV_DCDT_Order Page 3 of 4 c. as the misrepresentation amounts to a breach of a material term, permitting the cancellation of the contract and awarding a refund, is the best option to put ML back into the position she would have been in, if the contract had not been breached; d. I am satisfied the diagnostic report ML...

2. [2016] NZSSAA 106 (20 December 2016) [pdf, 258 KB]

   ...in their partner’s New Zealand Superannuation. (iii) Those whose partners are unlikely to qualify for New Zealand Superannuation in the near future. 6 (iv) Those whose partners are present in New Zealand by virtue of a temporary permit in which case the recipient of New Zealand Superannuation is entitled to receive only a single rate of benefit. [24] Section 70 requires the rate of benefit that would otherwise be payable be reduced by the amount of such overseas benef...

3. BORA Crimes Amendment Bill No.5 [pdf, 94 KB]

   ...a relevant factor. Consensual sibling intercourse, on the limited research available is rare. 16.2 In itself, the prohibition is one that applies to everyone. It creates no further category of discrimination and isolates no other group. No one is permitted such a relationship. Further, the offence does not particularly restrict sexual expression. In this sense it can be distinguished from the old homosexuality offences. In those situations the argument was available that to ban homosexua...

4. BORA Taxation (Annual Rates, Business Taxation, Kiwisaver, and Remedial Matters) Bill [pdf, 387 KB]

   ...contributions will feel the effect of the distinction for a limited period only, with the consequence that such effects are to some degree mitigated by the knowledge that they are temporary in character. More broadly, such distinctions may be justified as permitting fair distribution over time: that is, the payment of compulsory employer contributions to all employees but for only part of their working lives is acceptable given the financial implications of the KiwiSaver scheme for employe...

5. N Ltd v B Ltd, SL, & I Ltd [2022] NZDT 236 (7 July 2022) [pdf, 150 KB]

   ...dumped two truckloads of clay… He then apologised for his wrongdoing. 11. SL said when the lawyer called him, he thought the lawyer was talking about the site where they tipped at [Address] which was his bosses’ site. He says they had a Council permit to tip at that site and that the site was nowhere near N LTD’s property. However, his statement conflicts with his comments to the lawyer where he says he unlawfully dumped clay. If he lawfully dumped clay why would he suggest ther...

6. [2020] NZSSAA 19 (4 November 2020) [pdf, 167 KB]

   ...information could only be waived if the Chief Executive was satisfied that the department already held the information required or a form relating to an application that had lapsed. The Social Security Act 2018, s 438(j) modified this requirement by permitting regulations to waive the requirements to complete an application form and provide supporting evidence. 2 [2016] NZHC 943, [48] 3 The equivalent provision in the 2018 Act is in s 395. [11] Section 10A of the Act establi...

7. Te Wani v Peters - Te Puru No 5 (2016) 119 Waikato Maniapoto MB 275 (119 WMN 275) [pdf, 175 KB]

   ...rent and rates to the trustees. [18] Although, a different context, I contrast 20 working days with the 15 working day period referred to in Schedule 3, Part 2, Clause 12 of the Property Law Act 2007. That clause sets out an implied term which permits a lessor to cancel a lease if rent is unpaid for a 15 working day period after the due date for payment. Conclusion [19] Mr Peters’ ongoing right to occupy Te Puru No 5 Block is conditional upon him paying the trustees of the bloc...

8. Broadman - Waimarama 3A 4B Sec 5 (2019) 75 Tākitimu MB 83 (75 TKT 83) [pdf, 294 KB]

   ...addition, Dr Puriri submitted that the current trustees should not be reappointed, given their past failings in their roles. It was argued that the current trustees had lost the trust and confidence of the owners, with the result that they should not be permitted to remain in office. The trustees elect also submitted that, in effect, they had not found the meeting with the trustees to be fruitful and that they could foresee any ongoing relationship between the old and new trustees t...

9. BORA Prisoners' and Victims' Claims Bill [pdf, 194 KB]

   ...fairness required an oral hearing or the rejection of particular evidence, s 27(1) would require the Tribunal to do so. 17. The second issue is the receipt of findings from criminal trials as conclusive evidence. The effect of this provision is to permit facts agreed, relied upon for conviction or otherwise proven at trial to be taken as conclusive in a claim before the Tribunal and so precluded from challenge. Here, procedural fairness is reliant upon – but in our view sufficientl...

10. 2019 March - Domestice Violence Provider Update [pdf, 343 KB]

    ...only finds out about clients re-engaging when a completion report is submitted). The new form and process allows a longer timeframe for re-engagement and clarifies the provider and client responsibilities in this process. ▪ Re-engagement is permitted within 3 months of file closure ▪ Court processing of previous non-compliance notices will continue ▪ Client and facilitator signatures are required to confirm the agreement ▪ DV programmes will send a new referral with the a...