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1. BORA Building Bill - Follow up [pdf, 75 KB]

   ...enforcement regime. In considering whether the strict liability offences were justifiable we have taken into account MED's explanation that the offences have been framed as a strict liability offences because: … a high degree of public welfare protection is required. The consequences of failing to comply with the relevant statutory requirement could have potentially serious or even tragic results. These situations include building work carried out without a building consent; or a...

2. [2021] NZEmpC 30 Crossen v Yangs House Ltd [pdf, 196 KB]

   ...unable to pay future costs to the defendants if her claim is unsuccessful. If that threshold is reached the Court may order security to be given if to do so is just in all the circumstances. [16] It is trite that considering this test involves carefully balancing the interests of the plaintiff and defendants. That is to ensure access to the Court for a plaintiff is not lightly denied, which could be the result if an order is made. At the same time, the defendants are entitled to...

3. Interviewing clients [pdf, 139 KB]

   ...are literacy, comprehension or mental health difficulties there is no known address, or there is not sufficient time. Further advice 1. Taking notes allows you to control the pace of the conversation, helps you recall the discussion and protects you should there be any complaint from your client. 2. Use an interview template that prompts admissions, denials, evidential leads (including potential witnesses), alibi evidence, health, especially mental health issues, chara...

4. [2023] NZEmpC 85 Joyce v Ultimate Siteworks Ltd [pdf, 166 KB]

   ...contemplates that an order for security for costs may, in effect, prevent a plaintiff from pursuing their claim. Nevertheless, access to the courts for a genuine plaintiff is not lightly to be denied. Therefore, such an order should only be made after careful consideration. However, a defendant is entitled to be protected against being drawn into unjustified litigation brought by an impecunious plaintiff, particularly where it is overcomplicated and unnecessarily protracted.5 [...

5. UL v Q Ltd [2023] NZDT 383 (29 August 2023) [pdf, 181 KB]

   ...reinstalled the software. He said that was why it was sold for less than a brand new one. As a consequence, it would not have the same lifespan as a brand new laptop, which ordinarily would be between 3 to 7 years, depending on how it was used and cared for. The laptop was therefore sold with only a one year manufacturer warranty. 5. UL provided an article from Consumer NZ concerning the reasonable life expectancy of household goods. It found that “while we expect a laptop or d...

6. Apply for a welfare guardian

   ...free to apply for a Welfare Guardian Order. Apply to have a welfare guardian appointed People who can apply for a Welfare Guardian Order for themselves or someone else are: a person who is totally unable to make or communicate decisions about their own care a relative or attorney of the person who the Order is for a social worker employed under the Children, Young Persons, and their Families Act 1989 a medical practitioner or doctor a representative of any non-profit group that provides servic...

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   2. Powers to make decisions for others >
   3. Welfare guardians

7. Disclaimer & terms of use

   ...business losses, loss of revenue, income, profits or expected savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. The contents of this web space's terms and conditions will protect the Ministry of Justice's officers, employees, agents, subsidiaries, consultants and sub-contractors in relation to any losses you suffer in connection with the web space. These limitations of liability apply even if the Ministry of Just...

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   1. About this site

8. [2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd costs [pdf, 173 KB]

   ...of limiting their exposure to this risk. A claimant may avoid this risk by abstaining from taking legal proceedings; but a party who is sued has no such alternative. It follows that, in fairness, defendants must have the means of gaining some protection from costs by making offers to settle by in some way meeting the claim. Plaintiffs should also have protection where defendants decline reasonable settlement offers. [57] Then there are the “public” aspects of litigation. I...

9. EA v WSC2 LCRO 11 / 2011 (24 June 2011) [pdf, 124 KB]

   ...provisions where an Act does not adequately provide for a situation that should be provided for to enable the legislation to operate effectively. (d) This is an area of professional discipline, with the relevant legislation focusing on public protection and confidence regarding legal services. In that area the Tribunal should be cautious in allowing preliminary technical process issues, with no real bearing on the rights of the person charged or the substantive process followed, to p...

10. Coutts - Estate of James Pou (2008) 129 Whangarei MB 145 (129 WH 145) [pdf, 328 KB]

    ...MB 148 SMonk: Yes, he was just left behind and my uncle looked after him. Court: He raised him from what age? S Monk: About 3. Court: Right through his childhood? S Monk: Oh, off and on because between my uncle and his wife they both took care of him. They were both separated . R Potorata: ... and he'd go back to his ... Court: Did the mother of Trez ... ? R Potomta: He'd go back to his parents when he (sic) got out of jail. [13] Although Sharee Monk acknowledged Tr...