Search Results

1. 20210521-Taxation-Budget-2021-and-Remedial-Measures-Bill.pdf [pdf, 918 KB]

   ...articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.' Exclusion of remedy of compensation 9. Clause 26(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause might be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Act, namely the right to bring c...

2. Hutchison v Solomon [pdf, 137 KB]

   ...because it would not have been obvious without removal of the path, fill etc. In the context that he was not converting the basement area from a non-habitable space to a habitable space but was rather just replacing linings to that area, I had formed the view that it was not incumbent on him to check out the waterproof nature of the lining to the exterior of that wall and there was not a duty of care owed to subsequent purchasers for him to do so. 6.26 Other factors that are r...

3. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...the International Covenant on Civil and Political Rights and with art 27, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Limitation on civil proceedings - section 27(3) 9. Clause 21(3) of the Bill excludes damages or any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under the Bill. 10. I have considered the potential application of s 27(3) of the Bill of Rights Act, namely the right to bring civil proceedi...

4. CL v HG [2024] NZDT 118 (7 March 2024) [pdf, 179 KB]

   ...together. 6. For an agreement to be enforceable there needs to be an intention to create a legally binding relationship. Partners, friends and colleagues make social arrangements, but it is unlikely they can be legally enforced unless the parties perform some act that demonstrates an intention that they will be bound by their promises. 7. When friends fail to keep their promises, the other person may suffer a financial consequence but it may be that they cannot be compensated fo...

5. IB v TT [2024] NZDT 588 (29 July 2024) [pdf, 172 KB]

   ...took place on 23 May 2021. Around four months later, the buyer noticed a leak in the lower-level garage during heavy rain through a hole in the concrete wall. She consulted plumbers but they could not provide a satisfactory solution. Eventually she formed the view that some wooden planks on the floor of the garage must have been installed to channel water out of the garage. She investigated further, and came to the conclusion that the seller had installed the planks and knew about the leak...

6. ABR v ZYN and ZYM [2013] NZDT 35 (20 May 2013) [pdf, 91 KB]

   ...Ltd SECOND RESPONDENT Date of Order: 20 May 2013 Referee: Referee Edison ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZYN Ltd shall pay ABR Ltd the sum of $5,442.56 by 4pm on 3 June 2013. The claim against ZYM Ltd is dismissed. Facts [1] LG owns and runs a dairy in [a place] with his wife. The business is operated through their company, ABR Ltd. On Wednesday 12 December 2012, the business premises were forcibly broken in...

7. King & Bailey [2011] NZWHT Auckland 2 [pdf, 92 KB]

   ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The assessor’s report dated 27 October 2010. The eligibility check list from the Department of Building and Housing The claimants’ submissions to the Chief Executive dated 18 August 2010 The letter from Laura Tait o...

8. Alchin and Scott TRI 2020-100-001 [2022] NZWHT AUCKLAND 01 [pdf, 374 KB]

   ...2000? 27 Body Corporate 207624 v North Shore City Council [2012] NZSC 83, [2013] 2 NZLR 297 at [193] & [194]. 14 Weathertightness defects Leaking windows and door perimeters [55] Mr Gilling undertook numerous site visits which formed the basis of his findings. The visits involved visual investigations and non-invasive moisture meter readings, and invasive testing was undertaken in areas of concern. His findings are well explained in the follow-up full report of...

9. Wati v Corrections [2018] NZHRRT 38 [pdf, 330 KB]

   ...[1] On 12 June 2014, Allan Wati was transferred to Christchurch Men’s Prison where he was held on remand while facing criminal charges. On the same day, Detective Constable Lindsay Tilbury sent an email to the Intelligence Unit at the Prison, requesting that he be provided with copies of letters sent from prison by Mr Wati. One letter was provided to him, but Detective Constable Tilbury was told that a production order would be required before Corrections could provide the Police wit

10. [2021] NZACC 33 - McSherry v ACC (10 February 2021) [pdf, 241 KB]

    ...compromise on all three levels that have been reported. In the comments the radiologist mentioned multi level shallow disc protrusion in the lower lumbar spine without evidence of neural compromise. [44] On 4 February 2013, Mr Rietveld requested that the appellant be referred for review to the Burwood Pain Clinic. He said that a recent MRI showed multi-levels discogenic changes in the lower back and that higher up he had anterior partial fusions. He said the appellant ha...