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1. Complaints Assessment Committee 403 v Zhang [2018] NZREADT 53 [pdf, 179 KB]

   ...for $550,000, and paid the deposit of $55,000. [3] Some two months later, Mr Yan advised Mr Zhang that there were many problems which made building on the property difficult (including the presence of large lava rocks), and that a different resource consent would be required from the one he had received from the vendor. Mr Yan said that he wanted to get out of the contract, and would rather lose his deposit than pay an unlimited amount later to build on the property. [4] At a...

2. The Crown Minerals (Decommssioning and other Matters) Bill [pdf, 175 KB]

   ...opinions of any kind and in any form. This right has been interpreted as including the right not to be compelled to say certain things or provide certain information.1 11. A number of clauses within the Bill provide that the Minister of Energy and Resources or the chief executive may require a permit or licence holders, and non-permit holders to disclose certain information. New sections compelling provision of information 12. New section 89ZA requires persons who hold a permit or l...

3. [2023] NZEmpC 98 Caisteal An Ime Ltd v Faithfull [pdf, 209 KB]

   ...Rules 2016, rr 14.10 and 14.11; applied via Employment Court Regulations 2000, reg 6. Calderbank offer without any consequences as to costs.11 The Court of Appeal commented that:12 …It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasonably in s...

4. Smith - Pekapeka 2A1D2B (2023) 103 Tākitimu MB 287 (103 TKT 287) [pdf, 231 KB]

   ...land parcels to be held by members of the same hapū and other partitions.4 The former type of partition is informally referred to as a “hapū partition”. A hapū partition can be granted without obtaining a subdivision consent under the Resource Management Act 1991 from the relevant territorial authority.5 Kōrerorero Discussion Is this a hapū partition? [15] This is a hapū partition. The applicant is an existing owner in the block and simply seeks to partition...

5. Jessup v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 70 [pdf, 252 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law. Application for Leave to Appeal [12] Mr Jessup did not pose questions of law. He advance...

6. CI v MT [2023] NZDT 514 (25 October 2023) [pdf, 211 KB]

   ...shed for removal and a second builder to provide a deck foundation for the shed at MT’s home. Because MT moved the shed to her property before seeking Council approval, J Design was required to provide a Council Code of Acceptance and make a Resource Consent application. The shed work was invoiced 0882 for $1,941.20 and MT paid J Design’s invoice. 3. MT also requested J Design to provide plans to convert the shed into a studio. The design was to include a kitchen, bedroo...

7. TH v KX [2023] NZDT 191 (26 June 2023) [pdf, 149 KB]

   ...into starting his new business unencumbered with paying his living expenses. Taking an objective and global assessment of what each party contributed, it appears from the evidence it was well balanced and equally matched. The devotion of time and resources were balanced between the parties and were consistent with what would be the usual give and take in a close relationship. I therefore find that TH was not unjustly enriched at KX’ expense. 18. KX also sought an order for vari...

8. Hurricanes Crusaders Chiefs v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 128 [pdf, 266 KB]

   ...[1963] NZLR 339, 353- 354 (CA); Edwards v Bairstow [1995] 3 All ER 48, 57. [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contested point of law: eg. Jackson and Kenyon above. [5] An error of law will also arise where a decision is wrong...

9. NZBORA-Advice-Fair-Digital-News-Bargaining-Bill-for-publication.pdf [pdf, 203 KB]

   ...justify any non-compliance. While the maximum financial penalties for strict liability offences in the Bill are significantly higher than those typically associated with strict liability offences, substantial penalties may be necessary to dissuade well-resourced parties from contravening their statutory obligations. A court retains the discretion to impose a lower penalty where to do so would be proportionate in the circumstances. Section 27(3) – Right to civil litigation 26. Sectio...

10. HC v X Ltd [2023] NZDT 391 (13 September 2023) [pdf, 207 KB]

    ...warranty that it caused works to be done without obtaining a building consent when one was required? 4. HC claimed X Ltd breached clause 9.2(5) of the agreement where the vendor warranted that for any works it had done, it had obtained ‘any permit, resource consent, or building consent required by law”. 5. NN, director of X Ltd, considered a building consent was not required because the existing bathrooms were only renovated prior to the sale and there was no movement of the wat...