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1. F Ltd v DS & KS [2022] NZDT 173 (10 October 2022) [pdf, 181 KB]

   ...responsible to pay the vet bills. Therefore, F Ltd now brings a claim for a refund of the $9,541.55 paid. 3. DS and KS counterclaim $3,099.22 being the cost of additional vet bills. 4. The issues to be decided are: a) Did FQ breach its duty of care by hitting Noah, while on the property of DS and KS? Did the negligence of the painter cause injury to Noah? Did DS and KS have appropriate control of Noah while the painters were at the property? b) Is FQ entitled to a refund of the $9,...

2. SN v J Ltd & T Ltd [2023] NZDT 606 (15 November 2023) [pdf, 231 KB]

   ...b) Was there a misrepresentation made by J Ltd which induced SN into enter into the contract for the purchase of [vehicle]? c) Was there a contract between SN and T Ltd, and if so did T Ltd breach that contract? d) Did T Ltd owe SN a duty of care when providing the Warrant of Fitness for [vehicle] and if so, did T Ltd breach that duty of care and cause SN loss? e) Is J Ltd and/or T Ltd liable to pay SN all or any part of the amount claimed of $4,740.37? Does the Consumer Guaran...

3. Berry v Rondel LCRO 130 / 2011 (2 February 2012) [pdf, 170 KB]

   ...gave rise to a conflict of interest whereby Mr Rondel should have declined to act for Ms Berry 2) Mr Rondel did not obtain Ms Berry’s informed consent in terms of Rule 6.1.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 3) Mr Rondel did not provide Ms Berry with the information required to be provided by him pursuant to Rules 3.4 and 3.5. 4) Mr Rondel did not advise Ms Berry as to the terms of the Agreements or seek her instructions to var...

4. IJ v K U Ltd [2020] NZDT 1549 (10 December 2020) [pdf, 202 KB]

   ...a substantial character? c. Are the costs claimed reasonable? Was K & U Ltd’s work completed with reasonable skill and care and fit for purpose? 4. 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. Section 29 of the Act states that when services are supplied to a consumer there is a guaran...

5. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

   ...if any compensation is awarded, M Ltd should at least be able to retain its significant production costs. 4. The issues to be resolved are: a. What was agreed about the design of the headstone? b. Has M Ltd provided services with reasonable care and skill? and c. If not, are SG and LN entitled to compensation of $15,000.00 as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 5 What was agreed about the design of the Headstone? 5. Under contract law, a l...

6. [2024] NZEnvC 237 Mangawhai Matters Incorporated v Kaipara District Council [pdf, 1.6 MB]

   Mangawhai Matters Incorporated v Kaipara District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 237 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN MANGAWHAI MATTERS INCORPORATED (ENV-2024-AKL-187) Appellant AND KAIPARA DISTRICT COUNCIL Respondent AND THE RISE LIMITED Applicant Court: Environment Judge J A Smith sitting al

7. LCRO 155/2023 DU v KQ (8 April 2025) [pdf, 358 KB]

   ...been terminated, and if so, when; and (i) did Mr DU fail to comply with his duty to complete his retainer; and (j) did Mr DU take reasonable steps to assist Ms KQ to obtain a replacement instructing lawyer, given the fiduciary duties and duties of care Mr DU owed to Ms KQ considering the proximity of the trial. [19] Those avenues of inquiry were progressed with purpose to examine as to whether Mr DU’s conduct in relation to the issues identified, amounted to unsatisfactory conduct o...

8. CAC 10003 v Kumandan - Penalty Decision [2012] NZREADT 32 [pdf, 91 KB]

   ...on the Board before it could impose the penalties. The Tribunal find that this additional inquiry is not required under s 172. Principles of Sentencing [11] A penalty must fulfil the following functions in a disciplinary case. They are: (a) Protecting the public Section 3 of the Real Estate Agents Act sets out the purposes of the legislation. The principal purpose of the Act is “to promote and protect the interests of consumers in respect of transactions that relate to real esta...

9. EIC-Siobhan-Karaitiana-Rangitane-o-Manawatu.pdf [pdf, 227 KB]

   ........................................................................................................... 7 BF\59997752\3 Page 3 INTRODUCTION 1. My name is Siobhan Alana Karaitiana. I work in Te Ao Turoa Environmental Centre, which is part of Best Care (Whakapai Hauora) Charitable Trust, which is inter alia part of the environmental arm of Rangitāne o Manawatū. I am the Principal Environmental Planner. I oversee the day to day kaimahi relationship between Rangitāne o M...

10. 2024-NZEnvC-047-Waste-Management-NZ-Limited-v-Hauraki-District-Council.pdf [pdf, 1.6 MB]

    IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 047 IN THE MATTER the Resource Management Act 1991 AND of an appeal under section 120 of the Act BETWEEN WASTE MANAGEMENT NZ LIMITED (ENV-2021-AKL-000137) Appellant AND HAURAKI DISTRICT COUNCIL WAIKATO REGIONAL COUNCIL Respondents AND MARK OFSOSKE TE KUPENGA O NGĀTI HAKO Section 274 Parties Court: Environment Judge D A