Search Results

1. 17 July 2020 - Sidwell v Thames-Coromandel District Council [pdf, 285 KB]

   ...and participants safe under Alert Level 2 Hygiene Each Ministry and court site has a designated site manager who, amongst other things, is responsible for overseeing health and safety and hygiene at that site. The best form of defence against contracting the virus is good hygiene. Hand sanitiser is available in all buildings. This includes at main entrance points. Toilets contain antibacterial soap, which are regularly refilled by the cleaners onsite. Clean...

2. DE v FX [2017] NZDT 1381 (7 February 2017) [pdf, 199 KB]

   ...is the law of bailment, which governs the situation where a person is in possession of property belonging to someone else. 6. Although FX admitted disposing of DE’s sculptures, he argued that she had abandoned them. Abandonment can be a valid defence to a claim in conversion, but FX bears the onus of proving that the goods were abandoned. Neglect and inaction can amount to abandonment if it represents “a giving up, a total desertion, and absolute relinquishment” of the goods. 7....

3. Evidence-Digital-Video-Records-Amendment-Regulations [pdf, 1.4 MB]

   ...MIN-0194]. 15 Treasury's Regulatory Impact Analysis team has determined that the amendments to the Evidence Regulations to apply procedure to digital video records of evidence recordings is exempt from the requirement to provide a Regulatory Impact Statement. It is exempted on the grounds that it has no or only minor impacts on businesses, individuals, and not-for-profit entities. Publicity 16 The amendment regulations will be published in the New Zealand Gazette as soon as the...

4. [2023] NZEmpC 111 Lu v Young [pdf, 226 KB]

   ...which they were found to be jointly and severally liable) into the Court’s trust account. [8] The defendant says that the stay would deny her the fruits of her success and place her under financial strain, particularly as she now has to fund the defence of this challenge. The law [9] The principles applying to an application of this sort are well established and can be summarised as follows. A challenge does not operate as a stay of the execution of a determination.3 The Cou...

5. K Ltd v AI & OL [2024] NZDT 250 (28 March 2024) [pdf, 144 KB]

   ...the basis for pricing, but agreed on the original contract price for a reduced scope of work of $353,431.52 so the differences about which document was applied when, do not need to be resolved. 7. AI objected to the way K Ltd has presented its statement of accounts (which start with the very first (higher) price proposed and include a negative variation reflecting the reduction to the final agreed contract price). AI and OL did not point out any specific errors in K Ltd’s calculatio...

6. IS v TM [2023] NZDT 270 (25 May 2023) [pdf, 186 KB]

   ...to cover cleaning costs, and another flatmates room. 2. IS claims the sum of $7,720.00 for moving costs, loss of personal property, bond, rent refund, rubbish removal, and mental health strain. 3. TM did not attend the hearing or submit any defence to the claim. The absence of a party does not prevent the hearing from going ahead. 4. The issue to be determined is what amount, if any, IS is entitled to for the following: Bond, rubbish removal, rent, personal property, moving co...

7. LN v SU & Ors [2024] NZDT 376 (5 March 2024) [pdf, 189 KB]

   ...and fix the issue, but he did not do so. She has since had the shower and damaged ceiling repaired by other tradespeople. 2. LN claims the sum of $4,000.00 for the cost of repairs. 3. The respondents did not attend the hearing or submit any defence to the claim. The absence of a party does not prevent the hearing from going ahead. 4. The issues to be determined are as follows: a. Was the work carried out with reasonable care and skill? b. If not, what remedy is LN entitled to...

8. Tahata v Tahata - Proprietors of Ngāwhakatutu A1A (2015) 49 Tairawhiti MB 251 (49 TRW 251) [pdf, 214 KB]

   ...decision on the previous application Tahata v Tahata – Ngawhakatutu A1A Incorporation (2014) 37 Tairawhiti MB 217 (37 TRW 217) at [21]. 49 Tairawhiti MB 257 Submissions of the respondent [15] In a document entitled “Initial notice of defence” dated 8 September 2014, the respondents identified the basis on which they defend the application. It is stated that: (a) The respondents have carried out their duties in a satisfactory manner; (b) The respondents have neither co...

9. AVL operating guidelines for senior courts [pdf, 684 KB]

   ...to communicate with a prisoner or witness. Authorised parties include Police officers, Community Probations Services, Restorative Justice Coordinators or other court representatives for the purpose of completing reports and assessments or taking statements. Bookings are to be made with the local court with priority being given to cases with hearings due within 24 hours of a booking. Due to time restraints it is expected that parties keep to the timeslot allocated as there will be n...

10. LCRO 253/2015 SL v NA (28 June 2019) [pdf, 249 KB]

    ...that Mr NA had committed to a fixed fee. Was there an ‘Agreement’? [40] Mr LT submits there was an agreement between Mr NA and Mr SL that Mr SL’s liability for Mr NA’s fees was conditional on Mrs EO continuing to fund her daughter’s defence costs. That was the grounds for review included in Mr SL’s application. [41] At [53] of his 18 March 2019 submissions, Mr NA refers to a comment in Ethics, Professional Responsibility and the Lawyer, where the author says:7 When...