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1. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [pdf, 230 KB]

   ...Ltd which resulted in loss to Z Ltd? e) Is P Ltd liable to pay Z Ltd all or any part of the amount claimed of $1,999.00? Does the Consumer Guarantees Act 1993 apply? 3. The Consumer Guarantees Act 1993 (“CGA”) makes provision for certain protections for consumers when they obtain goods and/or services from a supplier. Section 2 of the CGA provides that a consumer is a person who acquires, from the supplier, goods or services of a kind ordinarily acquired for personal, domestic...

2. ASC Annual Report 2020 [pdf, 1019 KB]

   ...be utilised in hospitals and clinics due to the particular wording of this Act. While well intentioned in 1977, the Act proved to be impractical in a real world setting and resulted in unnecessary challenges to all those involved with abortion care and to women receiving abortion services. The following section will outline some of the concerns various ASC members raised in their Annual Reports to Parliament regarding the legislation and its responsibilities under it: 1980 “M...

3. [2019] NZEnvC 150 Arthurs Point Outstanding Natural Landscape Society Incorporated v Queenstown Lakes District Council [pdf, 12 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019) NZEnvC 150 of the Resource Management Act 1991 of an application for enforcement order under section 316 of the Act ARTHURS POINT OUTSTANDING NATURAL LANDSCAPE SOCIETY INCORPORATED (ENV-2019-CHC-102) Applicant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson (sitting alone under section 309(1) of the Act) Hearing: at

4. [2006] NZEmpC AC 55/06 Downey v NZ Greyhound Racing Assoc Inc [pdf, 80 KB]

   ...Mr Downey’s contract was terminated on 15 June 2004 by the giving of 30 days’ written notice. The contract [13] The document is entitled “Independent Contractor Agreement”. It is dated 1 October 2002. The wording of the agreement is careful to note that the plaintiff, Mr Downey is not an employee. It provides that he is not to represent to any third party that he is anything other than an independent contractor. Mr Downey (referred to throughout as “the con...

5. LCRO 47/2017 KD: Review of a prosecutorial decision (30 June 2017) [pdf, 180 KB]

   ...hold the total sum on trust for the benefit of CBL. I believe a police complaint needs to be made – I will put this in writing Monday – WS [16] Mr KD replied: Noted talk tomorrow already done can’t be reversed rumours just upset you think carefully don’t react [17] On Monday 3 February 2014, Dr WS sent an email to Mr KD saying: 1. I have reread your email of 30 January regarding the receipt of the $50,000 from CBL. Your email is possibly not totally clear. You rang me th...

6. Common Bundle Volume 4 [pdf, 4 MB]

   The Cry of the People Te Tangi a Tauira Ngāi Tahu ki Murihiku Natural Resource and Environmental Iwi Management Plan 2008 CB1043 Photo credits for artwork (previous page) Main Photo Source: Venture Southland Kererū (wood pigeon, Hemiphaga novaeseelandiae) Source: Venture Southland Faces Sourced through: SXC Imagery The Kererū is a quiet, humble yet noble bird. Kererū eat the berries of the trees and spread the seeds throughout the land. May the message be spread throu

7. [2012] NZEmpC 109 Shelby Park Ltd v Blackie [pdf, 186 KB]

   ...up again” as he walked away, his reaction made me think he didn’t care, he wanted to frighten and hurt Cam and he very nearly did. The look on Mark’s face made me think he could do it again. Mark was dangerous. … I made a decision to protect my staff members and my babies, I told Mark to get off my property immediately. I dismissed Mark on the spot, but said I would pay two weeks wages to him. [38] Mr Blackie’s evidence was that after he had told Mr Skinner that he wou...

8. LCRO 196/2013 XM v WG [pdf, 481 KB]

   ...Conveyancers Act 2006 (the Act), that no further action on the complaints was necessary or appropriate. [23] In reaching that decision the Committee concluded that: (a) Ms WG’s duties in acting in the administration of the estate were to protect and promote the interests of the executor, Mr HY;1 (b) Ms WG’s obligations to Mrs XM as a third party were modest;2 (c) Ms WG was not required to act on directions from Mrs XM as a beneficiary;3 and (d) Mr HY as executor was not pr...

9. LCRO 119/2021 FE v AD of [Firm 1] (14 October 2022) [pdf, 267 KB]

   ...him when he was required to provide a personal guarantee in support of the company; and 3 (d) Mr AD continued to act for Mr LM and the company after a serious dispute had arisen between Mr FE and Mr LM; and (e) he had relied on Mr AD to protect his interests when presented with a waiver; and (f) Mr AD should not have allowed him to waive his right to independent advice; and (g) Mr AD had made disparaging comments about him in correspondence to his lawyer. [11] In summ...

10. [2013] NZEmpC 235 Young v Bay Of Plenty DHB [pdf, 181 KB]

    ...strike out Mr Young’s challenge. [2] The Authority’s determination that is challenged by Mr Young was delivered on 12 April 2011. 1 He had claimed that his complaints in the form of disclosures that he said he had made under the Protected Disclosures Act 2000, had not been resolved by the Bay of Plenty District Health Board (the Board), his former employer. Mr Young claimed that as a result of his making these disclosures, the Board dismissed him unjustifiably. He...