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1. IT & NH v UN Ltd [2022] NZDT 163 (25 October 2022) [pdf, 257 KB]

   ...hearing from Mr O, I accept that is the state of the art currently. There is nothing in the agreement between the parties that gives them a right to reject the goods if they simply did not like it, and I find that the Consumer Guarantees Act does not permit this either. If the goods were not acceptable in quality in terms of what was requested and agreed to be provided, then it would fail the guarantee. However, after holding and examining the model, and seeing photos of the child at...

2. [2016] NZEmpC 131 A Labour Inspector v Taste of Egypt Ltd [pdf, 89 KB]

   ...the company and, therefore, its failure to pay the sums orders by the Authority against the company. In the cases of Saeed Awad and Dianne McFarlane, who are a couple, the applicant emphasises that the terms of the order sought and made will permit them to have access to funds for ordinary living expenses; for the payment of legal expenses relating to the freezing order; and for the disposal of assets or the making of payments in the ordinary course of their business including th...

3. [2023] NZEnvC 213 Clutha District Council v Otago Regional Council [pdf, 219 KB]

   ...September 2023. 4 Memorandum of counsel for the Otago Regional Council dated 26 September at [3]-[4]. 3 [4] In particular the abatement notice requires specific actions to be undertaken to achieve compliance with conditions 1 and 4 of the water permit.5 Specifically, action points 1(b), (c) and (d) which state:6 (b) Carry out preliminary geotechnical investigations using low-impact techniques, i.e. hand augers. These should focus on gaining an understanding of the dam fill m...

4. Wellington Standards Committee 2 v Collins [2023] NZLCDT 3 (20 February 2023) [pdf, 102 KB]

   ...that his client has demonstrated a lack of insight. Mr Fowler submits that his client did not deny that there was a possible conflict but pointed to issues of timing as minimising this failure. [19] As Mr Fowler rightly points out, the rules do permit a practitioner to act for vendor and purchaser in one transaction in specified circumstances. However, it is clear that given the vulnerability of his client, he ought to have declined to do so in this case. Despite the property h...

5. [2021] NZEmpC 127 AlKazaz v Deloitte (No. 3) Ltd [pdf, 194 KB]

   ...the proceedings as legal counsel and her claim not to have first-hand knowledge of matters prior to the proceedings. [14] At the time of the disclosure issues arising, Mr AlKazaz sought permission to cross-examine Mrs Skilton and this was not permitted.9 At the hearing, he attempted to make a distinction between disclosure in the sense of seeking further documentation, and his attempts to prove that a number of documents had been falsified or withheld. [15] Rule 7.28 contempl...

6. Acoustic (dated 6 June 2017) [pdf, 308 KB]

   ...guidance for assessing noise from wind farms. The noise limits require measurement in accordance with NZS 6801:1991, which restricts the wind speeds under which sound levels can be measured. 7. The rules in the operative district plan define a permitted activity noise limit that is typical of rural zones in many districts throughout the country. 8. We agree that NZS 6808:2010 provides appropriate criteria and assessment methods for this wind farm, acknowledging the Standard inc...

7. M (C M Trust) v Tower Insurance Ltd [2019] CEIT-2019-0012 [pdf, 213 KB]

   ...are adverse to that party’s case or supportive of their own case, they may seek an order from the Tribunal requiring that the other party file a list of all documents that it has in its possession or control that are relevant to the claim, and permit the inspection of those documents by the first party.” 1 Practice Note “Documents to be used at the hearing”, page 5 [10] It follows from this that the Tribunal has the necessary power to order discovery of documents if it...

8. DG v NQ [2023] NZDT 139 (4 April 2023) [pdf, 185 KB]

   ...reimbursed for the cost of the electrical work that TF Ltd did in order to rectify NQ’s defective work. TF Ltd did not charge DG for plumbing but only for electrical work, CI0301_CIV_DCDT_Order Page 3 of 4 which NQ had not been legally permitted to do, and which he had done badly. DG was obliged, for obvious reasons of safety and legality, to ensure that a qualified electrician attended to the repairs. What sum should NQ pay? [17] I accept that it is not possible now to...

9. [2016] NZSSAA 004 (16 February 2016) [pdf, 53 KB]

   ...good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [20] Pursuant to s 86(9B) of the Act, the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit en...

10. E37 Gemma Chuah - Stormwater - EIC - Council [pdf, 767 KB]

    ...proposed choice of stormwater management approach are appropriate in the circumstances; and ii. The proposal will not give rise to any of the effects listed in section 107(1) of the RMA (which places restrictions on the granting of certain discharge permits that would contravene sections 15 or 15A of the RMA). 6 CB142, page 3712, paragraph 4.34. 7 CB142, pages 3712 to 3713, as listed at paragraph 5.1. 1612 6 7.2...