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1. AAZ and ABA v ZZE and ZZD [2013] NZDT 29 (25 Febuary 2013) [pdf, 112 KB]

   ...many possible variables in terms of the goods themselves, the environment in which the goods are to be put, and what the purchaser considers important or not important. Those judgments must be left to the purchaser themselves, and what cannot be judged must be treated as a risk that is assumed by the purchaser. To shift the burden to the seller to advise the buyer on those matters is, in my view, to impose an unreasonable burden on the seller. [41] Therefore, I find that BC did...

2. [2015] NZSSAA 24 (17 April 2015) [pdf, 36 KB]

   ...cover a beneficiary’s additional power costs. [15] Each of these mechanisms has problems associated with it. Consumer Powerswitch website [16] The appellant points to a number of difficulties in using the Consumer Powerswitch website to judge whether or not a beneficiary has additional power costs which are outlined as follows: (i) The Consumer Powerswitch website estimate used in this case applied to a one- or two-person household. The appellant says that a one-person hou...

3. O v S LCRO 35 / 2009 (2 June 2009) [pdf, 33 KB]

   ...in his telephone advice to the Case Manager, and his written response, concerning the reasons for his non-attendance. I am also mindful that among the information provided in relation to the complaint, were oft repeated observations by various judges about Client O conducting proceedings so as to escalate the costs to the other party, failing to meet deadlines or to comply with directions, and providing information only at the 11th hour. These observations and the present situation...

4. Victor v Stratford LCRO 135 / 2009 (9 October 2009) [pdf, 58 KB]

   ...Victor of 5 September 2007 referred to a telephone discussion “yesterday”. It stated “if your position is you are happy to accept either of the order[s] sought, however seek a contribution to your legal costs then we expect the Associate Judge would have a significant degree of sympathy…” Surrender of the easement was one of the orders sought. [10] I note that in an earlier letter from Mr Stratford to Mr Victor of 27 August 2007 the fact that the neighbours were seeking o...

5. MS v HF LCRO 183/2013 (30 October 2014) [pdf, 42 KB]

   ...proceeding came for hearing in the District Court on 30 July [2013] the MSs (who were represented by counsel) consented to the orders sought by [his] clients. Costs were reserved. The Court has now awarded costs of $9,997.50 against the MSs. The Judge recorded that the ‘defendants’ conduct at times fell short of the standards expected of litigants. [19] On 24 October 2014 I heard from MS in support of their application for review. Mr HF was not present. Analysis [20] The ev...

6. BORA Video Camera Surveillance (Temporary Measures) Bill [pdf, 320 KB]

   ...protect privacy interests. It is only where a person's reasonable expectations of privacy have been breached that a personal remedy under the Bill of Rights ... is available. The reasonable expectation of privacy enjoyed by a person is to be judged largely objectively. A broad view of privacy interests should be taken .... [6] • The determination of whether a search is reasonable requires a balancing of the legitimate public interest in the search (such as the detection of cri...

7. BORA Taxation (Annual Rates for 2015-16, Research and Development, and Remedial Matters) Bill [pdf, 312 KB]

   ...Commissioner’s statutory powers, we consider the privileges in the Evidence and Bill of Rights Acts will still apply in certain cases of information sharing resulting in non-tax criminal prosecution. Privileged information can be ruled inadmissible by a judge. [9] Court rules also allow parties to challenge the admissibility of evidence contained in a brief and resolve the matter between counsel or in court. [10] 22. Bill of Rights Act protections relevant in individual instances of inf...

8. BORA Employment Standards Legislation Bill [pdf, 233 KB]

   ...Attorney-General of Canada (1995) 127 DLR (4th). [2] Tranz Rail Ltd v Wellington District Court [2002] 3 NZLR 780 at [790] [3] For example, s 230 prevents Labour Inspectors from entering dwellinghouses unless authorised by a warrant issued by a Judge. [4] Namely section 64, 130 or 232 of the Act or section 81 or 82 of the Holidays Act 2003. [5] Hansen v R [2007] NZSC 7 at [38]-[39] per Elias CJ, [202] per McGrath J, [269] per Anderson J. [6] See, for example, Sheldrake v Director of...

9. E80 Karen Wilson - EIC - Te Ākitai Waiohua [pdf, 921 KB]

   ...sustaining waters of Te Waitematā are a sacred resource with cleansing, purifying and healing properties that must be nurtured and protected. 19. Te Waitematā coastal pa sites are also significant to Te Ākitai Waiohua. For example, the Taurarua (Judges Bay) pa was held by Waiohua until the 18th Century when its chiefs, twin brothers Humataitai and Hupipi, were defeated in battle. 20. Te Ākitai Waiohua also occupied certain whenua at Horotiu on Queen Street, Te Hororoa on Anzac...

10. LCRO 138/2018 CE and AB v UE (8 August 2018) [pdf, 159 KB]

    ...can be no lodgement of documents after the closing time of the Registry, which is generally recognised to be between the normal working hours of 9:00 a.m. and 5:00 p.m. This is supported by AEL Group Ltd v Kensington Swan Lawyers 31/7/08, Associate Judge Christiansen, HC Christchurch CIV- 2008-409-1225. There the Court found that service on a law firm after 5:00 p.m. on a business day would not be effective (although in the circumstances considered by the Court service by facsimile prior...