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1. Hooker Family Trust v R & B Plastering Limited [2011] NZWHT Auckland 41 [pdf, 80 KB]

   ...roof, which Mr Schnauer argued was betterment. Mr Schnauer also argued that as Mr and Mrs Hooker were trustees, some of the consequential losses claimed, in particular for rental accommodation, should not be compensated for. I return to those matters later in the determination. What were the defects and damage? [10] Mr Alvey, who is an experienced building surveyor, gave evidence about the defects and damage they had caused. Mr Alvey stated that there were two principal o...

2. BORA Manukau City Council (Regulation of Prostitution in Specified Places) Bill [pdf, 315 KB]

   ...do not cause a nuisance or serious offence to ordinary members of the public using the specified area, or because the activities or behaviour are incompatible with the existing character of the area. 26. Whether the defence turns on a particular matter that is peculiarly within the knowledge of the defendant is also a relevant consideration. [11] In such cases, it may be more appropriate for the defendant to explain why he or she took (or failed to take) a particular course of action in...

3. CL v SC LCRO 218/2015 (6 April 2016) [pdf, 44 KB]

   ...the need for Review Officers to decide cases before them, properly. Mr NH emphasises the seriousness of disciplinary matters for practitioners, and cautions the LCRO that procedure should be the “handmaiden not the mistress” of substantive justice.4 [37] I do not agree that the LCRO should confer to itself a degree of discretion in determining issues of jurisdiction, nor that the general powers accorded to a LCRO to carry out his or her functions under the Act, provide an author...

4. BORA Waka Umanga (Māori Corporations) Bill [pdf, 328 KB]

   ...easily justifiable for regulatory offences. Those who choose to enter into a regulated environment should be expected to meet certain standards of care.[4] 28. Strict liability offences can also be justified where the offence turns on a particular matter that is peculiarly within the knowledge of the defendant. In such cases, it is easier for the defendant to explain why he or she took (or failed to take) a particular course of action than it is for the Crown to prove the opposite. In th...

5. BORA Human Tissue (Organ Donation) Amendment Bill [pdf, 213 KB]

   ...to protect and promote the personal rights of persons who are not fully able to manage their own affairs) contains a presumption that every person has capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, until the contrary is established.14 27. In addition, the Code of Health and Disability Services Consumers’ Rights15 states that consumers “must be presumed competent to make an...

6. 2020 NZPSPLA 007 [pdf, 100 KB]

   [2020] NZPSLA 007 IN THE MATTER OF A complaint filed under ss 73 & 74 of the Private Security Personnel and Private Investigators Act 2010 IN RELATION TO D, E & C LIMITED DECISION [1] In July 2019 Ms A filed a complaint against C Limited (C). Ms A’s complaint related to the way Ms E carried out a workplace investigation for Ms A’s previous employer. Ms A also said that Ms D and Ms E, were providing private investigation services through their co...

7. Example Occupation Order. [docx, 43 KB]

   ...order are therefore subject to approval and confirmation by the mĀori land court in accordance with section 328 of te ture whenua mĀori ACt 1993. 4. Please note that this example is intended to provide you with general information only. The Ministry of Justice makes no warranty, express or implied, nor assumes any legal liability or responsibility for the accuracy, correctness, completeness or use of any information contained herein. 5. A checklist of different clauses which you should specif...

8. [2023] NZACC 126 BI v Accident Compensation Corporation (Weekly Compensation) [pdf, 200 KB]

   ...compensation is calculated using Clause 34. [46] He notes that Clause 34(3) requires that some specified periods are to be disregarded e.g. where there are other periods of compensation and in this case for earlier injuries. [47] Mr McBride refers to Justice Kos’ comment in Murray,2 where he described the statutory regime as clear and crystalline and that the structure and approach is necessarily fixed. [48] Therefore, Mr McBride says there can be no reference to 2003 remunerati...

9. [2018] NZEnvC 030 Auckland Council v London Pacific Family Trust [pdf, 7.4 MB]

   ...C1.9(3) in the assessment of the SCAR infringement in accordance with the limitation set out in nile C1.1 (1). [10] The Council acknowledges that, under the court's proposed declaration wording, even if SCAR discretion is limited to those matters in r D18.8.1.1 (3), infringement of the SHZ standards would still bring into consideration the broader matters of discretion in r C1.9(3). However, it seeks the court's comment on the presently unresolved interpretation issue it r...

10. E v IAG New Zealand Ltd (3rd decision – quantum) [2019] CEIT-2019-0013 [pdf, 596 KB]

    ...admission of documents and evidence during the hearing. At paragraph [37] of the Initial Decision I noted that this Tribunal was not subject to the Evidence Act 2006 or the High or District Court Rules. Rather, the overriding requirements of natural justice and cost effectiveness drive considerations on admissibility.2 At paragraph [42] I noted that “as this Tribunal is inquisitorial there is a wider power to receive evidence than in matters governed by the rules of court or the Ev...