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1. [2021] NZEmpC 196 KAQ v The Attorney-General [pdf, 245 KB]

   ...circumstances, when it is in the interests of justice to do so. [8] Rule 12 of the Rules specifies a range of matters that must be considered when determining an application for access. It provides: 12 Matters to be considered In determining a request for access under rule 11, the Judge must consider the nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request or any objection to the request: (a) the o...

2. DQ v Z Ltd [2021] NZDT 1634 (2 July 2021) [pdf, 228 KB]

   ...for inspection. They did not communicate with or consult with DQ over its disposal or tell him prior that they may potentially dispose of it after the inspection. 18. Further I do not accept that Z Ltd’s collection of the item for inspection formed part of the original contract of carriage. That carriage was at an end once the toilet was delivered to DQ. Therefore Z Ltd’s terms and conditions did not apply beyond that time. 19. The tort of conversion occurs when one party inte...

3. [2022] NZIACDT 3 - IL v Khetarpal (10 February 2022) [pdf, 140 KB]

   ...immigration instructions as the dependent child of a work visa holder, since the complainant’s income did not meet the minimum threshold. [10] On 6 August 2019, the complainant sent an email to Ms Khetarpal confirming a telephone conversation requesting the latter not to undertake any further action on her file, as she had found another “lawyer” to handle the matter. [11] An immigration officer sent an email to the complainant’s new immigration adviser on 8 August 2019...

4. KQ HN v TC X Ltd [2023] NZDT 41 (31 January 2023) [pdf, 196 KB]

   ...should have included the removal of the stump. It is not satisfactory to have a cabbage tree sprouting below a newly-built fence. That aspect of the work was unsatisfactory. The quality of the fence [18] I accept that timber is not a perfectly uniform material, and that some knots, holes or cracking may appear in a timber fence. However, in this case, I consider that the number of knots, and the size of some of them, is beyond what would reasonably be expected. I also consider that th...

5. Auckland Standards Committee 2 v Burton [2023] NZLCDT 23 (26 May 2023) [pdf, 98 KB]

   ...DECISION OF TRIBUNAL ON PENALTY Introduction [1] Mr Burton has pleaded guilty to two charges of misconduct, the first relating to failure to comply with orders of the Standards Committee, and the second, failure to respond to enquiries or requests from the Standards Committee in a timely manner. [2] Mr Burton has also accepted the facts underlying the charges so that the hearing and subsequent submissions concentrated on penalty only. This decision considers and deter...

6. NG v PT Ltd & OB Ltd [2022] NZDT 244 (18 October 2022) [pdf, 110 KB]

   ...before the rescue and the fuel gauge showed that there was fuel in the tank. Before being rescued, NG knew there was fuel in the tank and that the van had not stopped running due to an empty fuel tank. 10. I am satisfied that PT Ltd performed the stated task of getting NG’s van on the road as soon as possible. The mechanic found the fault. The firm opened when it didn’t need to provide service. The firm should be paid for that service. Therefore the $238.50 for that...

7. 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...

8. [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...

9. 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...

10. 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...