Search Results

1. TT Ltd v TG Trust [2022] NZDT 136 (17 August 2022) [pdf, 152 KB]

   ...from TB of [Consent Company] dated 1 March 2017 (“the Fire Report”) which recorded that a Type 2 fire alarm system needed to be installed, and specified what emergency lighting was to be installed at the Property. The Fire Report stated that it formed part of the Building Consent application (page 1 of the Fire Report) and the Fire Report notes that the Building Act 2004 applied to the proposed work which involved a change to the use of the building. The Applicant installed a Type 2 fi...

2. [2022] NZACC 94 - Black v ACC (19 May 2022) [pdf, 212 KB]

   ...weeks. [6] The file notes a handwritten record of a call to the ACC case officer on 7 February 1997 from the appellant’s father. The note reads: Father rang for Jeremy. He is off work and queried for weekly compensation. They completed forms at the hospital with case manager. I advised I would request the file and send an ARC/3 to Jeremy’s employer. Jeremy has another ARC/18 and they will post this in. IP (injured person?) is residing in Rolleston. Employer Canterbury Car...

3. Tamati v Hond - Paora Aneti 17 & 18 (2022) 446 Aotea MB 184 (446 AOT 184) [pdf, 252 KB]

   ...March 2022 was filed by Aroaro Tamati with the support of 13 other beneficiaries, setting out the reasons for the injunction sought (“the letter”). The letter provides: We as beneficiaries of Paora Āneti 17 & 18 and uri of Ngā Māhanga request an injunction by the Aotea Māori Land Court to prevent the holding of the upcoming AGM for Paora Aneti 17 & 18 on 20 March 2022. The reason for our request are our serious concerns about the unmandated changes that have been ma...

4. KH v ED [2018] NZDT 1434 (20 September 2018) [pdf, 248 KB]

   ...where a young tree is cut down to near ground level. KH trees were, about 6 metres and cut down to between 1.2 and 1.4 metres. The BD Ltd report says at paragraph 15: As a result of cutting into established wood tissue, epicormics shoots will form at the topping points. Eventually these shoots will develop and create a canopy. This is the mode to create a hedge, however this would be detrimental in creating an amenity tree.... [emphasis added] CI0301_CIV_DCDT_Order Page 5 o...

5. KI & GI v Q Ltd [2023] NZDT 152 (3 July 2023) [pdf, 226 KB]

   ...options, but his catalogue regards them as correct. UC says that KI tightened the nuts too much when he fitted the CV Joints, and this caused play in the bearings and resulted in the bearings collapsing. 11. Having carefully considered the available information and evidence, I find that KI and GI have proved, on the balance of probabilities, that the CV Joints were not reasonably fit for purpose, so the implied guarantee set out in s8 of the CGA was not complied with. I make this findin...

6. BE v D Ltd & DO Ltd [2024] NZDT 230 (25 March 2024) [pdf, 212 KB]

   ...Consumer Guarantees Act 1993 (“CGA”) by failing to provide services with reasonable care and skill; and breached the Fair Trading Act 1986 (“FTA”) by engaging in misleading and deceptive conduct through unfair trading practices. 3. The claim form records BE’s claim as $29,428.00, however this sum was amended to $29,427.00. BE further amended components of his claim in September 2023 to show this sum is made up of: a. $12,000.00, for BE’s time dealing with breach of the co...

7. J Ltd v U Ltd [2024] NZDT 170 (17 April 2024) [pdf, 220 KB]

   ...shared parking area with no security or protection, this is a full defence to U Ltd not taking reasonable care with the vehicle. Therefore, the claim is dismissed. Referee: C Price Date: 17 April 2024 Page 5 of 5 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

8. Lawson v Intended Defendant (Extension of Time to Commence Proceedings) [2023] NZHRRT 20 [pdf, 198 KB]

   ...construing a reference to “exceptional circumstances” Lord Bingham of Cornhill said: “We must construe “exceptional” as an ordinary, familiar English adjective, and not as a term of art. It describes a circumstance which is such as to form an exception, which is out of the ordinary course, or unusual, or special or uncommon. To be exceptional, a circumstance need not be unique, or unprecedented, or very rare, but it cannot be one that is regularly, or routinely, or normally...

9. K Ltd v UD [2024] NZDT 568 (15 July 2024) [pdf, 248 KB]

   ...“Equipment Add-Ons” the contract states “Please tick to confirm your desired pool equipment upgrades”. One of the upgrade options listed and ticked in UD’s contract is: LED POOL LIGHT – includes 1 multi coloured LED light with transformer $850.00 NOTE we recommend 2 lights in pools 8m or larger. 10. It is not disputed that 2 LED lights were supplied by K Ltd to UD. K Ltd says the lights were overlooked when UD was invoiced and she was not charged. 1 Which was done o...

10. Summary report on workshop feedback on ways to reduce cost compliance [pdf, 7.9 MB]

    ... 3 car dealers  3 jewellers 6 4 Mixed opinion on when and who does customer due diligence (CDD) in the real estate transaction process The language in the AML/CFT Bill needs to be consistent with other Acts Real estate agents requested the language used in the AML/CFT Bill Phase II is changed from ‘client’ to ‘vendor’ and ‘customer’ to ‘purchaser’ to be consistent with the Real Estate Agent Act. Real estate agents rarely receive large cash deposi...