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1. [2023] NZIACDT 27 BT v Li (2 November 2023) [pdf, 209 KB]

   ...second for $800. A new agreement was not signed since the second request was under the same conditions as those set out in the signed agreement. It was the same client and the same strategy. (4) Ms Li stated she had not intended to breach any clauses in the Code. She was willing to make an effort to improve her practice and take the action mentioned. Complaint referred to the Tribunal [16] On 29 September 2023, the Registrar referred the complaint against Ms Li to the Tri...

2. 2023-09-26-Evidence-of-John-McArthur-Flooding.PDF [PDF, 248 KB]

   ...Council road locations (within and outside the designation boundary) where existing depth is greater than 0.3 m or existing velocity is greater than 2.0 m/s or the product of existing velocity and depth is greater than 0.5 m2/s. (b) Compliance with clauses (a)(i) to (iv) must be demonstrated prior to the commencement of construction activities through existing (pre- Project) and Project detailed design flood modelling of the critical 1% AEP design storm event incorporating a climate ch...

3. Marywil Investments Ltd v North Shore Ctiy Council [pdf, 65 KB]

   ...shall only issue a CCC if it is satisfied on reasonable grounds that the building work complies with the Building Code. [14] The Building Code sets functional and performance requirements which all building work must meet. The relevant clauses of the Building Code for this claim are clauses B2 (durability), E1 (surface water) and E2 (external moisture). [15] Water penetration into the dwelling has contravened the provisions of the Building Code particularly E2 – exter...

4. [2007] NZEmpC AC 38/07 Centurion GSM Ltd v McCarthy [pdf, 19 KB]

   ...2007, is to be paid to Mr McCarthy within 7 days from 22 June 2007. In addition, Centurion GSM Ltd, is to pay interest on that sum calculated from 1 March 2007 to the date of payment. Such interest is to be calculated at the rate prescribed in clause 14, schedule 3 of the Employment Relations Act 2000. For the sake of clarity such interest is to be calculated at the full rate specified in that clause, being the 90 day bill rate as at the date of payment, plus 2 percent. b)...

5. AFG and AFH v ZUO [2013] NZDT 351 (17 November 2013) [pdf, 56 KB]

   ...applicable to that product being sold. To supply a brochure without providing such information as to exclusion terms leads the consumer to believe the product is suitable for its intended purpose. [11] That ZUO Ltd was not aware of the exclusion clause is no defence. [12] I find ZUO Ltd’s failure in supplying the brochure that advised the use of powder coating on the fence without drawing AFG and AFH’s attention to the exclusion clause or alternatively a copy of the warra...

6. AEQ v ZVF & ZVE [2012] NZDT 268 (16 July 2012) [pdf, 48 KB]

   ...bids on her account because Trade Me’s terms and conditions required her not to permit any other person to use her user name or membership and not to disclose her password or other information allowing access to her membership (clause 3.4). However, that did not deem all contracts made under the account those of ZVF. For example, she was not liable for contracts made by a person who had stolen her account information or (as in this case) where it was shown that the b...

7. BORA Education (Freedom of Association) Amendment Bill [pdf, 223 KB]

   ...provides that no person may require any student or exert undue influence on any student to: o become or not become a member of any association of students o pay any money to any association of students, or to any other person in lieu of such fees. 5. Clause 7 of the Bill repeals sections 229A to 229D of the Act. Those sections require councils to conduct a referendum, if petitioned by 10% of students, to decide if all students will be required (or continue to be required) to be membe...

8. LCRO 04/2019 XR v JD (9 May 2019) [pdf, 84 KB]

   ...approved finance sufficient to complete the purchase. [3] Mr JD advised Ms XR’s solicitor that the builder’s report was not satisfactory and gave notice terminating the Agreement. [4] The purchasers did not comply with the provisions of clause 10.3 of the Agreement which require the purchaser to provide a copy of the builder’s report to the vendor if the Agreement is cancelled on the grounds that the report is not satisfactory. 2 [5] Ms XR lodged a complaint with the...

9. 3-4 May 2021 Pipers Limited Partnership v Auckland Council [pdf, 142 KB]

   ...Activity Status) to the partly operative Auckland Unitary Plan ENV-2020-304-000015 Pipers Limited Partnership v Auckland Council Waiiti Headwaters Limited v Auckland Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Court Reference: ENV-2020-A...

10. 3 May 2021 Pipers Limited Partnership v Auckland Council [pdf, 142 KB]

    ...Activity Status) to the partly operative Auckland Unitary Plan ENV-2020-304-000015 Pipers Limited Partnership v Auckland Council Waiiti Headwaters Limited v Auckland Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Court Reference: ENV-2020-A...