Search Results

1. SV v WT LCRO 21/2013 (26 August 2014) [pdf, 110 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review, and the extent of the investigations necessary to conduct that review. Review Hearing [19] The parties attended a review hearing on 15 July 20...

2. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review, and the extent of the investigations necessary to conduct that review. Review hearing [43] Ms DA attended a review hearing in Auckland on 11 Ma...

3. Cameron & Ors as Trustees of the Normac Trust v Stevenson [2010] NZWHT Auckland 39 [pdf, 186 KB]

   ...there has been some debate as to whether general damages should be awarded on a per dwelling or a per owner basis Ellis J concluded in Findlay & Anor as Trustees of the Lee Findlay Family Trust v Auckland City Council13 that the Byron Avenue appeal confirmed the availability of general damages and leaky building cases in general was in the vicinity of $25,000 per dwelling for owner occupiers. White J in Coughlan & Ors v Abernathy & Ors14 confirmed that standard rates...

4. Philpott v Zderich [2011] NZWHT Auckland 16 [pdf, 176 KB]

   ...directors are in no better position than any other principal, the learned author continued:6 Subsequently, the reasoning of these two decisions of the House of Lords on the position of directors has been followed by the New Zealand Court of Appeal in Body Corporate 202254 v Taylor. In this case, a strike-out action relating to liability for a leaky building, the Court rejected the notion adopted by Cooke P and Hardie Boys

5. Clearwater Trust v Flora Creative Limited [2012] NZWHT Auckland 9 [pdf, 174 KB]

   ...of the actual role he or she performed. In determining whether the elements of the tort have been established, the factual matrix is all important.7 The leading decision on the elements of the tort of negligent misstatement is the Court of Appeal decision Rolls Royce New Zealand Limited v Carter Holt Harvey Limited.8 In that case it was held that in the case of negligent misstatement “the proximity enquiry generally focuses on the interdependent concepts of assumption of re...

6. Wakelin and Anor as Trustees for the Get In & Walk Trust v Taupo Texture Coatings Limited [2011] NZWHT Auckland 43 [pdf, 206 KB]

   ...suffered considerable stress and anxiety as a result of the leaks to the deck and the ongoing problems and tensions associated with trying to seek a solution. [107] Ellis J in Lee Findlay v Auckland City Council6 concluded that the Court of Appeal decision Byron Avenue7 confirms that the guidelines for awarding general damages in leaky building cases are $25,000 per dwelling for owner-occupiers. 6 Lee Findlay v Auc...

7. [2017] NZEmpC 132 Waikato District Health Board v Archibald [pdf, 457 KB]

   ...“embarrassed”; $6,000 in relation to unjustified action in H v A Ltd [2016] NZEmpC 54 at [153] (little evidence produced in support of the s 123(1)(c)(i) claim, at [150]). In Carter Holt Harvey Ltd v Pirie [1997] ERNZ 648 (CA) at 652, the Court of Appeal described the award of $50,000 in Ogilvy & Mather (New Zealand) Ltd v Turner [1994] 1 NZLR 641 (CA) as the “high water mark” for cases of its kind. It was followed ten years later in the Employment Court by an award of $...

8. BORA Law Reform (Epidemic Preparedness) Bill [pdf, 219 KB]

   ...human – has raised the spectre of an influenza of equal ferocity to the Spanish influenza that killed 40-50 million people worldwide during 1918 and 1919. 19. The global threat of avian influenza has prompted the World Health Organisation to appeal to countries to join a global collaboration effort to fight the outbreak. Countries have been encouraged to develop national preparedness plans to stop, contain and treat the effect of an influenza, reduce opportunities for the influen...

9. Hutchison v Solomon [pdf, 137 KB]

   ...having been misled by the vendors of a property which was found to have "unwittingly promoted the property" in a misleading way as to the entrance and part of the driveway having been constructed on an unformed paper road. The Court of Appeal found that there was no adverse consequence because the property was still valued, despite the existence of the paper road, at the purchase price. 9.5 In Gunton certain warranties were made concerning a helicopter sold and the...

10. NU v ZY LCRO 239/2012 (31 March 2016) [pdf, 105 KB]

    ...discretion, it is appropriate for the LCRO to exercise particular caution before substituting his own judgment for that of the Standards Committee, without good reason. [37] In Deliu v Hong it was noted that a review is:2 … much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching his...