Search Results

1. [2022] NZEmpC 128 Straayer v Employment Relations Authority [pdf, 243 KB]

   ...that of legal professional privilege. This term encapsulates solicitor client privilege, which is described in s 54 of the Evidence Act 2006 (the EA). It relevantly states: 54 Privilege for communications with legal advisers (1) A person who requests or obtains professional legal services from a legal adviser has a privilege in respect of any communication between the person and the legal adviser if the communication was— (a) intended to be confidential; and (b) made in the...

2. Terms of Reference: Independent electoral law review [pdf, 104 KB]

   ...primary advisor, the Ministry will support the panel by providing timely advice and information to the panel and secretariat as needed. 38 Limited funding will be made available if the panel requires to commission specific research or analysis. Requests will need to be made to the secretariat manager. 39 The panel may also request advice and information from the Electoral Commission on matters that fall within the Commission’s expertise. Information requests and confidentiali...

3. LG v OE [2023] NZDT 48 (30 January 2023) [pdf, 199 KB]

   ...was not of acceptable quality. I say that because LG was told that the parts had all been replaced with brand new parts, and that OE would provide a full cover 3-month warranty for everything. Those things tend to suggest that the spa pool would perform at a higher level than a second-hand spa pool which had not been reconditioned, which would include the absence of a persistent leak. If not, was it remedied within a reasonable time? 12. Section 18 of the CGA states that where goods...

4. P Ltd v W Ltd [2024] NZDT 16 (17 January 2024) [pdf, 254 KB]

   ...settling in light winds or still air, as was the case here, would not have caused damage. 22. P Ltd’s claim is not proven and must be dismissed. Referee: C D Boys Date: 17 January 2023 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 fo...

5. MO & HD v IE Ltd [2022] NZDT 285 (23 November 2022) [pdf, 154 KB]

   ...was $69,000.00 for architectural drawings, interior decoration design and landscape design, all to building consent stage 2. The first of three progress payments, $20,700.00, was paid on 21 September 2021. 3. In early December 2021, IE Ltd informed MO and HD that IE Ltd would not be able to proceed with the construction of the house within the couple’s budget — they were offered the opportunity to engage the architect directly to continue with the design works. 4. MO and HD...

6. HI v UD [2023] NZDT 359 (4 April 2023) [pdf, 201 KB]

   ...may have destabilised it. (d) HI provided one page of an EQC report on the slip which noted that the land on which the house sits is “cut and fill” from the construction of the road, and the road above is also on a “cut and fill” platform. The bank is therefore not a natural structure. This factor sets the case apart from the case law cited, as there would be additional considerations about liability for land where a slip has occurred from a man-made bank, rather than a na...

7. Davida-Anne-McDonald-Form-33.pdf [pdf, 461 KB]

   ...neighbours – indeed, not all neighbours were advised directly by the proposer (my own nearest neighbour learned indirectly). http://www.legislation.govt.nz/regulation/public/2003/0153/latest/link.aspx?search=ts_regulation_resource+management+forms_resel&p=1&id=DLM237755#DLM237755 http://www.legislation.govt.nz/regulation/public/2003/0153/latest/link.aspx?search=ts_regulation_resource+management+forms_resel&p=1&id=DLM2421550#DLM2421550  The ‘consultation’ was a s...

8. TS v L Ltd [2023] NZDT 530 (10 October 2023) [pdf, 213 KB]

   ...The first time that he used it, the boat lurched violently to the right when he applied the throttle. The boat could only be steered straight with heavy pressure to the left. It was also noted that the motor was “running very rough”. 9. TS informed BS (L Ltd) about the issues. 10. TS’ son attempted a second launch, but the problems persisted. CI0301_CIV_DCDT_Order Page 2 of 5 11. After a discussion with BS, it was agreed that TS would take the boat to [Boat Mecha...

9. BP v TD [2023] NZDT 259 (25 May 2023) [pdf, 214 KB]

   ...is no doubt that all matters in dispute between the parties relating the agreement for sale and purchase of the boat are resolved in this order Referee: L Trevelyan Date: 25 May 2023 CI0301_CIV_DCDT_Order Page 4 of 4 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 re...

10. ES v LQ & TQ [2023] NZDT 79 (16 March 2023) [pdf, 213 KB]

    ...temporary repair. If so, the extent of the affected cladding and the reasonable cost to repair? 10. The law of contract applies. Parties to a contract are bound by express terms and implied terms. Express terms are those that are stated prior to formation of the contract. Implied terms are those that are obvious and go without saying. 11. I am satisfied that a small part of the cladding had not been properly fixed to the tiny home and required replacing. TQ has taken responsibility...