Search Results

1. SP v GC Ltd [2024] NZDT 500 (17 June 2024) [pdf, 202 KB]

   ...by a defect in the roofing at the property and seeks an order that GC Ltd is liable to pay him $3,029.00. 2. Attendance, 3. The issues to be resolved are: a. Is the claim within the limitation period? b. Was the roof laid with reasonable care and skill? c. If not, what remedy is appropriate? Is the claim within the limitation period? 4. SP bought his house in June 2016 brand new from GC Ltd, who had built the house. In February 2024 SP found a leak in a bedroom in the ho...

2. LCRO 178/2021 AA v EL (26 November 2021) [pdf, 256 KB]

   ...and again one strikes a client whose adamantine refusal to go to ADR is unshakable. Mr AA is just such a client for me. I am of course aware of the ethical obligations regarding the need to explain to a client alternatives to litigation. I have carefully and repeatedly given advice, but my instructions are clear. The plaintiffs wish to have a short trial. If that finally becomes a simplified trial then that is a matter for the judge. If the matter is to go to a judicial settlement c...

3. BORA Court Matters Bill [pdf, 194 KB]

   ...committed. As such, the proposal to expand the list of specified offences raises issues relating to consistency with s 21 of the Bill of Rights Act – the right to be secure against unreasonable search or seizure. 28. The touchstone of s 21 is the protection of reasonable expectations of privacy.15 Reasonable expectations of privacy are lower in public places than on private property, and there is generally a higher expectation of privacy in relation to personal belongings (as comp...

4. [2021] NZREADT 43 - Complaints Assessment Committee v Lowndes (10 August 2021) [pdf, 302 KB]

   ...transparent, and effective.4 [12] In order to meet the purposes of the Act, penalties for misconduct and unsatisfactory conduct are determined bearing in mind the need to maintain a high standard of conduct in the industry, the need for consumer protection, the maintenance of confidence in the industry, and the need for deterrence. 2 The first entry in the Licence History provided to the Tribunal is a “Renewal Reminder”, followed by a “Licence Issue” as from 1 April 2007....

5. Strengthening the family justice system - Q and A [pdf, 330 KB]

   ...A review is undertaken of PTS and that this takes place every three years. • PTS be kept as a free service. • Introduction of Family Dispute Resolution (FDR) • FDR should be available at the most appropriate time for parents, caregivers and their whānau, whether or not an application to court has been made. • Where an application to court has been made but FDR not undertaken, the matter be referred to FDR, unless good reasons are given not to (rebuttable...

6. DKD v Smith [2019] NZIACDT 82 (12 December 2019) [pdf, 78 KB]

   ...(2) alternatively, failing to inform the complainant in a timely manner that an invitation had been issued and then failing to submit a residence application prior to the expiry of the invitation, thereby failing to exercise diligence and due care and to conduct himself in a timely manner, in breach of cl 1 of the Code; and (3) failing to provide the complainant with a written agreement before proceeding with his services, in breach of cl 18(a) of the Code. JURISDICTION AND PROCE...

7. HK & QK v JF Ltd [2023] NZDT 334 (26 May 2023) [pdf, 123 KB]

   ...$14,191.80 to fix the issue with the coping, and the balance being an overcharge due to mismeasurement. 5. The issues to be determined are: • Did JF Ltd carry out its service with respect to the laying of coping at the pool edge with reasonable care and skill? • What remedy, if any, is available to HK and QK? • What is payable on the claim and counter-claim? CI0301_CIV_DCDT_Order Page 2 of 4 Did JF Ltd carry out its service with respect to the laying of...

8. ET v F Ltd & EN [2024] NZDT 562 (9 August 2024) [pdf, 199 KB]

   ...party I need to consider and evaluate the evidence presented to the Tribunal by the parties. Did EN drive negligently and cause the collision while driving F Ltd’s van? 10. A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons: s8 Land Transport Act 1998. A driver also owes a common law duty of care to other drivers to take reasonable care in operating their vehicle and will be responsible for any re...

9. Schiller-Cooper v Lozano [2013] NZIACDT 17 (21 March 2013) [pdf, 137 KB]

   ...appropriate standards of conduct are maintained in the occupation concerned. [17] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: 5 [17.1] Protecting the public: section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [17.2] Demanding minimum standards of conduct: Dentice v Valuers Registratio...

10. Geldenhuys v C Yap [2013] NZIACDT 42 (15 July 2013) [pdf, 141 KB]

    ...required to weigh the public interest against Ms Yap’s interests. 6 [44] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [45] A significant factor in this case is that it involves dishonesty....