Search Results

1. Pilbrow & Anor as Trustees of the Pilbrow Family Trust v Moorhead [2011] NZWHT Auckland 31 [pdf, 352 KB]

   ...of Mr Craven and CBL. [43] The identification of defects in construction and design is a separate issue from determining whether a particular party is liable for the defects identified – and the extent to which any breach of a duty of care caused damage. Page | 13 Principal Defect 1 - Lack of internal corner flashings to harditex at fire wall and barge areas [44] Harditex was used on the party wall between 51 and 53 Kulim Avenue and at the barge areas. The p...

2. Directory of Official Information 2019 P-R [pdf, 1.5 MB]

   Directory of Official Information Listings P-R About This is a living document. We endeavour to update it whenever there are changes to be made. If your department or agency’s information is out of date, please email oia@justice.govt.nz with the necessary amendments. We can send you a MS Word version if you need. Ministerial Relations and Services Strategy, Governance & Finance Ministry of Justice | Tāhū o te Ture oia@justice.govt.nz

3. Evaluation of Family Safety Teams pilot: stage 1 [pdf, 3 MB]

   ...perceptions of safety, including the timely provision of appropriate services, such as information regarding legal representation, access to personal alarms, provision of knowledge and skills, checks on well-being and safety, availability of child care and culturally appropriate supports. • Victims also noted the importance of the availability of support from family and friends to one’s sense of safety and personal well-being. In contrast, perceptions of safety were undermined by pe...

4. DL Ltd v VO [2016] NZDT 952 (17 June 2016) [pdf, 88 KB]

   ...required to do at law. The sale proceeds (being the sale price less the various costs relating to the sale) were deducted off the amount VO owed. [14] ABC also charged DL Limited $287.50 which was described, in its invoice, as “Consumer Claims Protection”. DL Limited included this in the amount it is claiming. [15] There was nothing on the file explaining what this was but it appears from AA’s explanation that this was to cover situations where the person who bought the vehi...

5. BORA Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill [pdf, 283 KB]

   ...the right to bring civil proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. 8. This clause affects the substantive law and does not fall within the ambit of s 27(3), which protects procedural rights [5]. Accordingly, no inconsistency with s 27(3) of the Bill of Rights Act arises. 9. This advice has been reviewed, in accordance with Crown Law protocol, by Ben Keith, Crown Counsel. Yours sincerely Cathryn Curr...

6. CM v RG LCRO 131/2012 (7 September 2015) [pdf, 67 KB]

   ...different descriptions in the chronology and the invoice, and Mr CM’s assertion that the invoice 1 CM v Company A [2011] XXX (HC) at [39]. 2 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 13.1. 3 Rule 11.1. 4 It appears Mr RG did not retain a copy of the invoice he had provided to the Court. Ms UR provided a copy of the invoice in the course of this review. 3 was a “significant piece of evid...

7. KB v JR LCRO 246/2012 (20 May 2014) [pdf, 175 KB]

   ...purposes of the Act, being to protect consumers of legal services and to provide a more responsive regulatory regime in relation to lawyers and conveyancers. At paragraph [30] of that decision he noted: - It would defeat that purpose [of consumer protection] if the legislation were interpreted to exclude from its scope functions which a lawyer routinely undertakes alongside the provision of legal services but these were not considered to be regulated services. In the following para...

8. LCRO 19/2017 VY v WR [pdf, 191 KB]

   ...Act 2006 (the Act) that no further action on the complaint was necessary or appropriate. [27] In reaching that decision the Committee: 5 (a) noted the general principle that a lawyer’s duty is owed to their client so Mr WR had no duty to protect and promote the interests of Mr VY;1 (b) Mr WR, on his client’s behalf, was entitled to take a position that did not accord with that of Mr VY;2 (c) the allegation of fraudulent activity could not be sustained because neither Mr...

9. LCRO 189/2021 KP v MM (10 February 2022) [pdf, 175 KB]

   ...make it necessary for this matter to be dealt with at a hearing in person. [48] The issue to be considered is narrow, and both parties have staked out their positions very clearly. [49] On the basis of the information available, which I have carefully considered, I have concluded that the review may be adequately determined on the papers and in the absence of the parties. [50] I record that I have carefully read the complaint, the Committee’s decision and the submissions filed...

10. ND Ltd v BX & TX [2020] NZDT 1561 (15 July 2020) [pdf, 201 KB]

    ...months and 25 days is $2690.86. In total the amount I find that is reasonable is $12416.98. Was the painting work completed with reasonable skill and care? 11. The relevant law is the Consumer Guarantees Act 1993. The Act provides a number of protections for consumers. Section 28 of the Act requires that where services are supplied the service will be carried out with reasonable care and skill. 12. BX & TX state the work was not supervised as promised, the work was appallin...