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1. CW-v-XD-2015-NZDT-878-4-September-2015 [pdf, 115 KB]

   ...have direct control over them. For example an employer may sometimes be liable for the actions of an employee. This is not the case here. CW engaged the tree felling company as an independent contractor. He had no say over the way in which the job was done. CW cannot therefore be found liable for the damage to the property. This part of XD’s claim is therefore dismissed. Is CW liable to pay rental for his use of XD’s property? [13] XD said that without his consent, CW’s...

2. John Thom (dated 30 May 2017) [pdf, 161 KB]

   ...lived on this farm for 2·1 years. 2. My life is working the land .. Blueskin Bay is mY home, I feel privileged to be able to work. and live in this beautiful unspoilt area. I'm not an inside person, I enjoy being outside doing the various jobs around the farm. I spend about approximately 35 hours a week working on'the uPP,er part of' my farm within SOOm of the proposed wind turbine. This is the most productive area where I· make hay and baleage and graze my:stock...

3. Western Bay of Plenty Distrisc Council v Clarke - Te Puke 1A24 (2007) 318 Rotorua MB 140 (318 ROT 140) [pdf, 1 MB]

   ...examination hearing despite a warrant to arrest being filed. Mrs Clarke attended the hearing and an attachment order was made for her to pay $30.00 per week on the debt. A t the examination hearing Mrs Clarke advised that Mr Clarke did not have a job and was unable to contribute to paying off the debt. As detailed in the attachment order, the total outstanding amount including enforcement costs is not $38,496.26 .. . 26 - The Council has received two payments from Mrs Clarke totalling $6...

4. [2021] NZEmpC 184 Coetzee v Oamaru Meats Ltd [pdf, 209 KB]

   ...defendant, anticipated Mr Coetzee’s submissions about his financial position and submitted that there was no proper reason to decline to make an order. She drew attention to: (a) the fact that Mr Coetzee is highly skilled and has a well-paid job; and (b) at no time was Mr Coetzee unemployed; he left Oamaru Meats and took up a new position immediately before relocating to New Plymouth. [13] Ms Laming argued that the broader public interest, and the interests of Oamaru Meats, out...

5. [2021] NZSSAA 3 (2 March 2021) [pdf, 134 KB]

   ...New Zealand Superannuation because it did not have sufficient evidence that he met all the residency requirements. This decision was upheld by a Benefits Review Committee. [2] The appellant turned 65 years on 22 March 2019. He has received Job Seeker Support with medical deferral intermittently since 2016. On 14 February 2019 the appellant filed an online application to transfer to New Zealand Superannuation. He subsequently signed the form which stated that he was born in the...

6. KN v BT [2020] NZDT 1365 (9 December 2020) [pdf, 101 KB]

   ...boundary adjacent to the fence, because she was frustrated by the time that was passing. 3. There was some back and forth but the tree stump was eventually removed by BT by 16 January 2020, by which time KN’s builder had given up on the fencing job. KN removed the portion of fence between the houses to which BT objected, and this resulted in BT paying for a new fence for that 12m stretch of boundary in June 2020. 4. At that time, the neighbours again agreed the driveway fence n...

7. Overseas Investment (Exempt Investment from OECD Countries) Amendment Bill [pdf, 161 KB]

   ...countries who are members of the OECD from the consent regime, except where the investment is in residential land, recognises investments by these investors are likely to be of genuine benefit to New Zealand and support greater levels of productivity, jobs and higher income. We consider this objective of increasing the attractiveness of investing in New Zealand by OECD countries to be sufficiently important, and that the exemption created by the Bill is be rationally connected to this ob...

8. 2023 NZPSPLA 009.pdf [pdf, 123 KB]

   ...her or following her to her car. He says his COA badge is always displayed on his vest and RTC have provided video footage of one of his interactions with Ms K 2 which shows this. He says he was not targeting her and was just doing his job which was to conduct random bag checks. [6] RTC agree that it has now been brought to their attention that the phone number on their website is inaccurate and they will fix that. They confirm the email address does work. They agree they...

9. CD Ltd v CO Ltd [2022] NZDT 279 (10 November 2022) [pdf, 101 KB]

   ...has declined to make payment for about half of the services provided by CD Ltd on the basis that CD Ltd’s invoices do not match CO Ltd’s own site records. 3. CD Ltd has provided truck driver dockets and/or tipping or purchase dockets and/or job sheets for each load to support its charges. CO Ltd has not provided its own site records to either CD Ltd or the Tribunal. 4. CD Ltd claims the outstanding invoiced balance of $8981.50 plus the Tribunal filing fee of $180.00 (which cann...

10. YM v DD Ltd [2024] NZDT 54 (26 January 2024) [pdf, 129 KB]

    ...mislead or deceive, so long as the conduct has that effect. If a breach of s 9 causes a person to suffer loss, the Tribunal may grant a remedy under s 43. 5. DD Ltd gave evidence that it informed YM that disassembly and reassembly would be a 12-15 hour job, and informed him of the likely cost. However, YM said that DD Ltd told him that if the insurer evaluates the striped engine, there is a 90% chance of reimbursement. DD Ltd’s representative submitted that he thought this was “fair c...