Search Results

1. EH v B Ltd [2024] NZDT 423 (7 May 2024) [pdf, 155 KB]

   ...combustion of the straw due to B Ltd having stowed it in a negligent manner. EH claims $29,995.00 from B Ltd in compensation being the maximum limit of the Disputes Tribunal. 4. The issues to be resolved are: a. Did B Ltd breach it’s duty of care to EH? Was B Ltd negligent in the way that it stored the straw and did this cause it to spontaneously combust? i. Did the straw spontaneously combust? ii. If so, was it foreseeable that the straw would spontaneously ignite? iii...

2. Henton v REAA, Max House & Barfoot & Thompson Ltd [2013] NZREADT 18 [pdf, 115 KB]

   ...provisions which apply only to licensees. The duties relating to real estate agency work apply only to licensees. The cornerstone of the Act is therefore the definition of “real estate agency work”. That is because it determines whether the consumer protection provisions set up by the Act apply and whether an offence has been committed.” [Our emphasis] [27] The definition of real estate agency work set out at s 4 is the cornerstone of the Act. The definition serves as a gatew...

3. Self-represented litigants: an exploratory study of litigants in person in the New Zealand criminal & family jurisdictions [pdf, 1.2 MB]

   ...also in other jurisdictions. Without historical trend data we could not say whether this perception was true. Self-represented litigants in the Family Court were likely to be New Zealand European males with an average age of 37, appearing for care of children and domestic violence cases. They were more likely to be paid full-time employees, most earning more than $30,000 a year. These characteristics differed from those found in the family jurisdiction internationally. Why ar...

4. [2020] NZSSAA 6 (28 April 2020) [pdf, 101 KB]

   ...Germany. He was advised to declare his departure date online before leaving New Zealand. In May 2016, the appellant told the Ministry he would be leaving New Zealand for approximately three months. This travel was approved so that he could take care of his father because his father’s regular carer was on holiday. [6] On 10 February 2017 the appellant advised the Ministry that he intended to leave New Zealand on 14 February because his father’s health had deteriorated. O...

5. Donkin v CAC 10057 & Morton-Jones [2012] NZREADT 44 [pdf, 31 KB]

   ...to the Tribunal giving its decision in LB and therefore aware that industry standards had not at this time required any steps to be taken. We do not accept this. It is plain that from the commencement of the Act agents had an obligation to take care when making representations. How they take care depends upon the representation that is made. This is a reflection of Rule 6.4, 6.5 of the Real Estate Agents Client Care Rules. We do not think that the obligation is any more than this. Ac...

6. AL v ZK LCRO 182/2012 (19 March 2014) [pdf, 60 KB]

   ...the conduct of the lawyer, it is unlikely that it will be appropriate for a Standards Committee to take no action on the complaint. In this regard I refer to the case of BI v CW 3 where I noted: “...Standards Committees and this Office must be careful not to allow lawyers whose bills are complained about, to “buy” their way out of a finding of unsatisfactory conduct...” [15] While it is impossible to draw a definitive line, there is a distinction to be made between complain...

7. [2021] NZEmpC 133 Ngawaka v Global Security Solutions Ltd [pdf, 186 KB]

   ...be unable to pay the defendant’s costs if the plaintiff’s claim fails.7 The power is discretionary and broad. In exercising the discretion regard must be had to the overall justice of the case, and the interests of both parties need to be carefully weighed up. The required balancing exercise was summarised by the Court of Appeal at AS McLachlan Ltd v MEL Network Ltd as follows:8 [15] The rule itself contemplates an order for security where the plaintiff will be unable to...

8. SJ & NY v XT Ltd [2021] NZDT 1644 (6 October 2021) [pdf, 206 KB]

   ...the water charges are for leaks. Is XT Ltd responsible for those leaks? 1. Parties to a contract are bound by the terms and conditions of the contract. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarantee that services will be carried out with reasonable care and skill. 7. Under the contract between the parties the property owners are responsible for paying for water lost as a resul...

9. Factsheet-for-requesting-personal-information [pdf, 185 KB]

   ...under the Official Information Act 1982. Advice for making a request You may need to contact more than one agency to get all the records you need. You may need to show ID, like a passport or New Zealand driver’s license. This is to protect the privacy of the people who the records are about. Give the agency as much information you can – for example, the type of record you’re looking for, and the dates and locations, if you know them. Who should I send the request t...

10. Waikato Bay of Plenty Standards Committee 1 v van Noort [2024] NZLCDT 33 (17 October 2024) [pdf, 176 KB]

    ...was about [1] Mr van Noort is a now-retired lawyer who held himself out to be an expert in Trusts and means-tested subsidy applications. In February 2020, he was asked to assist the K family in seeking a subsidy for their father’s residential care. The father, TK, had settled a Trust in 2010, but there was very scant record keeping between then and when his children1 sought Mr van Noort’s help. [2] There had been somewhat complicated dealings with TK’s property, including...