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1. 2021-05-03 - Minute - PC7 - Territorial Authorities Community Water Supplies.pdf [pdf, 213 KB]

   ...Muir. 6 (i) the Territorial Authorities preference is for applications for replacement permits and new permits to be determined under the operative Regional Plan: Water. With reference to water quantity and effects on water quality consequential upon the taking and use of water (including land uses) the planners, having evaluated its provisions, will say whether in their opinion the Regional Plan: Water is ‘fit for purpose’?15 (ii) If so, why?16 (iii) If not,...

2. UU v UX [2019] NZDT 1547 (25 September 2019) [pdf, 153 KB]

   ...regarding the tyres. Taking this into account, the wheels UU received were worth around $260 in total (ignoring GST), which is $265.00 less than the purchase price of $525.00 (the only available measure of the expected value). UU has also suffered a consequential loss of $120.00 having new tyres fitted then removed. His total loss is therefore $385.00. 11. UU cannot recover the Tribunal filing fee since s 43 of the Disputes Tribunal Act 1988 provides that, with very limited exceptions th...

3. EF v TB [2024] NZDT 617 (12 September 2024) [pdf, 100 KB]

   ...the innocent party may be entitled to compensation for the loss of their vehicle, being either the cost to repair or the value of the vehicle prior to the accident, whichever is the lesser amount. In addition, the person may be entitled to recover consequential losses that were foreseeable as likely to have arisen as a direct result of the accident. 11. EF has claimed $30,000, being $25,000 for the van, $2360.12 for tools, and the balance for stress and inconvenience. 12. The va...

4. OWRUG - Supplementary - S Dicey - Planning - 19 March 2021 [pdf, 573 KB]

   ...is a lack of clarity about what evidence might be required or accepted to show that irrigation areas have not expanded. For larger schemes, which can cover thousands of hectares and have hundreds of shareholders, this would be complex and time consuming. As such it does not serve the process based purpose of PC7. 3 PP-1035600-2-215-V6 12. In addition, the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 effectively manages expansion...

5. LCRO 1/2020 NR v YB (28 June 2021) [pdf, 150 KB]

   ...or two but it did not. It is the final invoice that created difficulties. [32] It is accepted that Ms NR could have managed the billing in a different way, but realistically, without Ms NR taking some sort of stand over the time the matter had consumed, this was a matter that could have meandered along more or less indefinitely. [33] Ms NR could have issued interim invoices earlier, but it did Ms YB no real harm not to be billed. There is no real substance to Ms YB’s comment that...

6. LCRO 213/2017 AA v BB and CC (26 April 2018) [pdf, 176 KB]

   ...point I pick up on is the importance of the legislative context. [37] As to the present legislative context: (a) The Lawyers and Conveyancers Act 2006, and its attendant regulations and rules, reflect a particular concern for the protection of consumers of legal services and the public interest inherent in the maintenance of confidence in the provision of legal services.10 (b) Those objectives surely demand, just as does other consumer-oriented legislation, a focus on substance ov...

7. NZBORA-Advice-NZ-EU-FTA-Legislation-Bill-For-Publication.pdf [pdf, 294 KB]

   ...align New Zealand’s domestic law with obligations set out in the Free Trade Agreement between New Zealand and the European Union signed in Brussels on 9 July 2023 (NZ-EU FTA). The Bill introduces amendments to the following legislation: a. the Consumer Information Standards (Country of Origin (Clothing and Foot-wear) Labelling) Regulations 1992, to allow goods from a Member State of the European Union (EU) to be labelled as ‘made in the EU’ or alternatively, as made in that Member...

8. Taranaki Standards Committee v Hamilton [2013] NZLCDT 22 [pdf, 94 KB]

   ...3(1)(a) and (b) of the Lawyers and Conveyancers Act 2006 (“LCA”) reads: “3 Purposes (1) The purposes of this Act are-- (a) to maintain public confidence in the provisions of legal services and conveyancing services: (b) to protect the consumers of legal services and conveyancing services: ...” [13] Section 4 deals with the fundamental obligations of lawyers: “Every lawyer who provides regulated services must, in the course of his or her practice, comply with the f...

9. Quin v REAA & Knaptondocx [2012] NZREADT 13 [pdf, 221 KB]

   ...on what, if any, order should be made and, if they sought relief under s.93(1)(f) of the 2008 Act, were required to specify the amount sought with reference to quotations and invoices. It needed to be established that the relief related to matters consequential on the licensee’s conduct identified by the Committee. [8] Before the Committee, the complainants sought relief as follows: [a] $15,874: for additional rent paid on a workshop in Mt Maunganui which would not have been n...

10. Tong & Anor v CAC 20004 & Ors [2014] NZREADT 3 [pdf, 126 KB]

    ...CAC [2009] 1 NZLR1; CAC v Walker [2011] NZREADT 4. [11] The unsatisfactory conduct proved in this case occurred during 2010 so that the Real Estate Agents Act 2008 applies. That Act was introduced specifically to better protect the interests of consumers in respect of real estate transactions. A key means of achieving that purpose was the creation of a wide range of discretionary orders available on findings of unsatisfactory conduct or misconduct against a licensee. [12] Having f...