Search Results

1. Auckland Standards Committee 1 v Tregenza [2016] NZLCDT 31 [pdf, 132 KB]

   ...Lemapu Onosemu. (b) The practitioner declined to hand over the file because Mrs Onosemu had approximately $2,000 of outstanding fees. (c) On 9 September 2015 the practitioner received another email expressing urgency to hand over the file and requesting the bill of costs and letter of engagement for work done on Mrs Onosemu’s file. (d) On 5 October 2015 Mrs Onosemu made a complaint to the Lawyer’s Complaints Service alleging that the practitioner had failed to provide a le...

2. BORA Regulatory Systems (Commercial Matters) Amendment Bill [pdf, 345 KB]

   ...of doing business. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 5. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The right has also been interpreted as including the right not to be compelled to say certain things or to provide certain information. 1 6. A number of provisions in the Bill seeking to amen...

3. BORA Credit Contracts and Consumer Finance Amendment Bill [pdf, 136 KB]

   ...obligations on firms to establish that they are lending responsibly, fairly, and keeping records; c. creates a maximum limit of debt that can accrue on high-interest loans; d. creates new penalties and fines; and e. requires firms to supply information necessary to establish the firms compliance (or otherwise) with its obligations. 5. The Bill also makes changes to the Fair Trading Act 1986 and the Financial Service Providers (Registration and Dispute Resolution) Act 2008.

4. 2020-12-11 Minute - PC8 - Willowridge - legal-standing.pdf [pdf, 430 KB]

   ...join as a party to the following proceedings: (a) ENV-2020-CHC-128 Otago Regional Council Proposed Plan Change 8. [2] The period for filing notices under section 274 of the Act ended on 16 November 2020. [3] Accordingly, Willowridge hereby requests a waiver of time under section 281 of the Act for the filing of its section 274 notice. The waiver is sought on the basis that: (a) the submitter has an interest in Plan Change 8 that is greater than the interest that the general...

5. GP v SKS Ltd [2017] NZDT 1168 (10 February 2017) [pdf, 76 KB]

   ...$38.87 being $1399.32. Mr GP has made no payments on this 36 month agreement. I will offset the $77.74 he is due against the $1399.32 he owes and that is $1321.58. [17] Therefore Mr GP is liable to SKS for $1321.58. [18] I note there was no request for the order of the return of the equipment but under the agreement SKS is entitled to decommission the alarm equipment at Mr GP’s home and Mr GP is required to allow the decommissioning and removal of the equipment....

6. HD v RWW Ltd [2017] NZDT 1032 (15 February 2017) [pdf, 107 KB]

   ...that – but Mr AH has given evidence that the vehicle was actually poorly maintained and at the poor end of the spectrum for its age. [11] Ms RR also provided evidence that $4250.00 was a low purchase price for such a vehicle in the form of two online advertisements for similar age and mileage vehicles. The asking prices shown for the other vehicles were $6000.00 and $6500.00, but as these are only asking prices, the evidence does not provide any proof that those higher...

7. Maori Commercial Aquaculture Claims Settlement Amendment Bill [pdf, 155 KB]

   ...aquaculture industry. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of Expression 8. Section 14 of the Bill of Rights Act affirms the right to freedom of expression. This includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. This right has been interpreted as including the right not to be compelled to say certain things or provide certain information.2 9. Clause 7 of the Bill replaces existing s 49 of th...

8. L and M v EQC [2019] CEIT-2019-0036 [pdf, 169 KB]

   ...evidence led by her in support of those claims. [27] This decision determines the issue of the challenged emergency repair works payments alone. [28] If the Applicant wishes to advance those other claims, she is to contact the case manager to request a further case management conference before the Tribunal to discuss what further orders are required. P R Cogswell Member Canterbury Earthquakes Insurance Tribunal

9. [2019] NZEmpC 89 Martinsen v Target International (NZ) Ltd [pdf, 218 KB]

   ...communication must include an offer of terms for settlement.2 In the employment context, a “dispute or difference” includes a situation where there is a serious problem in the employment relationship that could give rise to litigation.3 No particular form of words is necessary for a communication to be recognised as without prejudice, if the intention of the offeror is clear.4 [11] Sometimes the parties will agree at the outset of a conversation that it is to be on a without...

10. FI v TR Ltd [2018] NZDT 1065 (12 April 2018) [pdf, 85 KB]

    ...that ramp giving a clearance height of 2.0 metres. He drove up the ramp without incident, parked the van, went shopping, and on his return, while driving towards the down-ramp on level 1, the front roof of the van collided with a steel beam that forms part of the parking building. He enlisted the help of mall security to stop traffic so that he could drive down the up-ramp to be able to exit the building. When TR inspected the damage, it deducted $3000.00 from his credit card bei...