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1. ME & NN v QU Ltd [2021] NZDT 1494 (5 May 2021) [pdf, 200 KB]

   ...or high water levels, flood, tropical storms or hurricanes. The clause doesn’t limit an ‘Act of God’ or force majeure condition to these events. However, I find that the geological and weather events listed are too different from a contagious human illness such as the COVID19 pandemic, and therefore it is not reasonable to include a pandemic. In any event, I find that this clause is not clear enough to prevent the contract from being frustrated if the disruption is significant enough...

2. [2023] NZEnvC 032 Crafar v Taupo District Council [pdf, 282 KB]

   ...means of recovering his costs if he wins by ordering or security. 7 An important point about access to justice in the context of security for costs was made by Kós J in Highgate on Broadway Ltd v Devine:5 Access to justice is an essential human right. The cost of exercising that right is the payment of costs in the event of failure. The right of a successful defendant to costs in that event is arguably subordinate to the plaintiff's right to be heard. Strong social polic...

3. Judge v Care Park New Zealand Limited [2023] NZHRRT 10 [pdf, 154 KB]

   ...Judge incurred numerous parking tickets and Care Park disclosed information relating to the parking tickets, but not Mr Judge’s name to Wintec. 1 This decision is to be cited as Judge v Care Park New Zealand Limited [2023] NZHRRT 10. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 10 I TE TARAIPIUNARA MANA TANGATA 2 [2] Care Park managed the Wintec car park in accordance with a Car Park Enforcement Agreement (the Agreement). The background to the Agreement is set out b...

4. [2022] NZEmpC 60 The Chief of New Zealand Defence Force v Darnley [pdf, 200 KB]

   ...contrary, the Court noted that those factors did not preclude her from engaging in job-seeking activities from as early as 27 March 2019 and attending various job interviews (within the 90-day period). It was also noted that she was an experienced Human Resources practitioner and would have been well aware of the 90- day time period for raising a grievance. In view of those considerations, the Court found that the delay was not occasioned by exceptional circumstances and that it was...

5. District-Court-Electronic-Filing-Amendment-Rules-2023.pdf [pdf, 368 KB]

   ...13:07:58 I N C O N F I D E N C E Compliance 16 The regulatory changes comply with each of the following: 16.1 the principles of the Treaty of Waitangi; 16.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 16.3 the principles and guidelines set out in the Privacy Act 2020; 16.4 relevant international standards and obligations; and 16.5 the Legislation Guidelines (2021 edition), which are maintained by the Legislation Design...

6. [2024] NZEnvC 011 Swap Stockfoods Limited v Bay of Plenty Regional Council [pdf, 198 KB]

   ...Council (Regional Council) on Proposed Plan Change 13 (Air Quality) to the Operative Bay of Plenty Regional Natural Resources Plan (PC13). [2] The case is primarily about the management of dust in the Mount Maunganui Airshed (MMA) to protect the human health and mauri of the air. PC13 contains provisions to address the management of dust. The Court’s Interim Decisions [3] On 10 January 2023 this Court issued its First Interim Decision.1 It sought submissions on a number of p...

7. Tauranga-City-Council-election-OIC_FINAL.pdf [pdf, 525 KB]

   ...2024 following approval by the Governor-General. Compliance 32 This Order complies with each of the following: 32.1 the principles of the Treaty of Waitangi; 32.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993; 32.3 the principles and guidelines set out in the Privacy Act 2020; 32.4 relevant international standards and obligations; 32.5 the Legislation Guidelines (2021 edition), which are maintained by the Legislation Desig...

8. SG v QG [2023] NZDT 116 (15 March 2023).pdf [pdf, 202 KB]

   ...denied access to collect the boat by officials at the Port, SG paid $150 from his own pocket to people at the Port to bring the boat to him. It seems to me that SG has done all that he could, and more, to ensure he collected QG’s boat as soon as was humanly possible. Did SG damage the tyres by the way he drove? 11. The onus lies with QG to prove that the wear on the tyres was caused by SG. The standard of proof required in the Tribunal is “the balance of probabilities”. Tha...

9. QS v T Ltd [2024] NZDT 703 (15 August 2024) [pdf, 115 KB]

   ...T Ltd’s company started the work, and then QS hired another company to take over and complete the job. 23. In January 2023 the pump failed again, and the plumbing invoice from that time states ‘inspected it to find septic system was full of human waste as the pump had been disconnected and spa had been plugged in instead”. QS refers to the cause being guests disposing of sanitary items down the toilet, but that is not what the January invoice says. Perhaps that was the cause of th...

10. Arms-Act-rewrite-summary-version-of-the-discussion-document-large-print.pdf [pdf, 169 KB]

    ...ammunition • controls products, who can use them, and how they can be used 7 • enables firearms amnesty and buy-back regimes. Controls help to ensure that firearms are not misused. Misusing firearms can lead to serious injury or the loss of human life. Questions • In your view does the Act define a 'firearm' well? • In your view, is the focus on regulating firearms (and associated products) based on the risk profile of each product an appropriate approach...