Search Results

1. DN v SC [2024] NZDT 202 (19 March 2024) [pdf, 204 KB]

   ...first size shoe requested by her. She accepts the shop assistant did not put on the second size shoe for DN but says she asked DN questions about the fit of the shoe. CI0301_CIV_DCDT_Order Page 2 of 5 5. The shoes in question are a pair of formal heeled shoes. They simply slip onto the foot with no fastenings. In these circumstances, there is really no fitting service required from a shop. I find that it is immaterial whether DN had to put the shoe on herself rather than it being...

2. [2023] NZEnvC 248 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 213 KB]

   ...against a decision on Proposed Plan Change 21 to the Auckland Unitary Plan BETWEEN EDEN-EPSOM RESIDENTIAL PROTECTION SOCIETY INCORPORATED (ENV-2020-AKL-079) Appellant AND AUCKLAND COUNCIL Respondent AND SOUTHERN CROSS HOSPITALS LIMITED Requestor AND KĀINGA ORA – HOMES AND COMMUNITIES s274 Party AND TUPUNA MAUNGA O TAMAKI MAKAURAU AUTHORITY s274 Party Court: Alternate Environment Judge L J Newhook Hearing: On the papers Last case event: 9 November 202...

3. OIA-113476.pdf [pdf, 823 KB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 17 July 2024 Our ref: OIA 113476 Tēnā koe Official Information Act request: Courthouse assaults Thank you for your email of 19 June 2024 to the Ministry of Justice. Specifically, you requested the following: 1): What improvements has the ministry made to courtrooms around New Zealand to ensure the safety of lawyers, and o...

4. LK & NI v JK Ltd [2024] NZDT 636 (5 September 2024) [pdf, 223 KB]

   ...the quote as per the request of the Applicants. 13. I find that the definition of “services” is sufficiently broad to include the provision of the initial indicative quote even if the quote had not been accepted nor any physical work performed. There remains a supply, which in this case, is the provision of the quote which gives rise to the customer’s right to accept/reject the same. 14. Given this, section 28 of the CGA then states that the service must be provided with...

5. DD v B Ltd [2024] NZDT 644 (5 November 2024) [pdf, 210 KB]

   ...and obligations of each party are determined by T&Cs of the contract. 7. In simple terms, DD and OE paid the airfare in order to travel on the flights operated by B Ltd. But in order fly they also had to comply with the T&C’s that form part of the agreement between them and B Ltd. CI0301_CIV_DCDT_Order Page 2 of 4 DD’s submissions 8. DD says the flight was due to depart at 4 pm on the 3rd of July 2024 and they arrived at the airport by 3 pm. At the security...

6. NC v D Ltd [2024] NZDT 683 (30 August 2024) [pdf, 211 KB]

   ...18(6) states - the Tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. 6. To “have regard to the law” under s 18(6) includes considering legal principles that the referee is aware of in a fair and unbiased manner and applying the law in an impartial manner, save when strict observa...

7. BX v KI & NI [2024] NZDT 881 (7 June 2024) [pdf, 192 KB]

   ...The Tribunal orders: KI and NI, jointly and severally, are to pay the sum of $16,800.00 to BX on or before 24 June 2024. Reasons: 1. In February 2018, BX saw an advertisement in the “Flatmates Wanted” category on [an online selling platform]. A married couple living in a four-bedroom house in [redacted] were looking for “Professional single or couple who want their own space”, and the rent was “$225 per week”. The advertisement stated: “The house is split in 2. We ha...

8. QW v RH LCRO 166/2012 (18 October 2016) [pdf, 126 KB]

   ...counsel, because Mr BL had responded to the review application on Mr RH’s behalf, and Mr QW wanted representation at the review hearing to proceed on an “equal footing”.5 [51] On [Date] Mr KN indicated he would not be available on [Date], and requested alternative dates. This Office advised the parties that it might be possible to convene a hearing in [Date] if they consented, but that the review hearing would otherwise proceed as scheduled on [Date]. [52] The parties did no...

9. [2017] NZEnvC 135 Save Wanaka Lakefront Reserve v Queenstown Lakes District Council [pdf, 7.6 MB]

   ...relatively insignificant, assuming each loading or unloading manoeuvre is managed with due efficiency. It is appropriate that a time limit be specified to that end. On the basis of the findings in our Interim Decision, we find the Trust's requested wording sensible remedial clarification of the intention of this condition, subject to adding: (a) after the word 'than', the words: as necessary. (b) after the word 'equipment' and before the following comma:

10. [2019] NZEnvC 033 Liu v Auckland Council [pdf, 457 KB]

    ...reasonable grounds for his stated belief that a roof covered in asphalt shingles on this house at this location would have adverse effects on the environment. [3] This decision will address the issues in that order. The basis for the appeal informs discussion of the subsequent issues. The issue of jurisdiction or power to address the appeal should be considered and determined first, because if there is no jurisdiction then that will dispose of the appeal. Consideration of any discre...