Search Results

1. ET v TM [2023] NZDT 453 (21 August 2023) [pdf, 178 KB]

   ...account, he provided a photograph of ET heading northwards towards [Street 1] north exit after the collision, suggesting that she had already passed the [Street 1] south exit. He also noted that she was driving without a supervisor on a learner’s licence (which she admitted), and said she seemed to be intoxicated. 8. I find both accounts to be plausible and consistent with the damage to both cars. Although ET’s claim to be heading home adds some credibility to her account, and TM’s...

2. IM v X Ltd [2024] NZDT 402 (17 June 2024) [pdf, 175 KB]

   ...pointed out that even if it hired a security officer for every building, the building in question has six levels and is open to the public, and thieves can just hide when a security officer is close by. CCTV cameras provide an overview, and there is a licence plate recognition camera at the entrance so that the police can be notified of vehicles of interest. The offender was captured on a CCTV camera by IM’s car, but was not identifiable. X Ltd said it has been working with the police an...

3. 2024 NZPSPLA 094.pdf [pdf, 126 KB]

   ...Authority as previously outlined. Has Mr Taulanga breached the Act? [8] As established in the CIPU report, QSL, and Mr Taulanga have breached section 23(1)(g) and 23(2)(b) of the Act by carrying on a business as a crowd controller without a licence at Calendar Girls venues located in Auckland, Christchurch and at the Love Shack Bar, Auckland between 18 May 2022 to 23 October 2023. [9] Further, Mr. Taulanga breached section 45(2) of the Act by engaging uncertified persons to act a...

4. KS v B Ltd [2024] NZDT 540 (10 July 2024) [pdf, 92 KB]

   ...[Business 1] and the tow authority required under the Land Transport Rule Operator Licensing 2017 Rule 81001. [7] I understand that the applicant does not consider this to be the case and accept that she did not deliberately breach the terms of her licence to park on this private land, but applying the test of a usually observant driver, as I am required to do, I am persuaded that a reasonable observant driver would have seen and understood the terms under which the parking was offered. T...

5. Rec-Recap-2023-Q3-FINAL.pdf [pdf, 790 KB]

   ...approximately 1:00pm, a member of the public found Jesse unresponsive in the waters of Lake Waro, below a rocky outcrop known as the “jumping rocks.” He was deceased. Police found items of clothing on a nearby rock. Jesse’s cellphone, driver’s licence, and keys were in the pocket of his shorts. A toxicological analysis of Jesse’s blood found the presence of tetrahydrocannabinol (THC), indicating a positive result for cannabis. Jesse’s family told the Coroner that he was a...

6. FERGUSON Suzanne Claudia (CSU 2010 WHG 000160) [pdf, 210 KB]

   ...and riders, as with motorbikes, as with other machinery. In terms of a business plan with enforcement provisions that would be very difficult to establish requiring political motivation. [135] I like the concept of the “FarmSafe Quad Bike licence” where a farmer; farmer’s employee; self contractor or a quad bike user is trained and taught to be competent when using a quad bike. The training includes understanding the hazards of using quads; and the importance of good quad b...

7. MENDOZA Carlos Frederick (CSU 2010 WHG 000185) [pdf, 205 KB]

   ...riders, as with motorbikes, as with other 21 machinery. In terms of a business plan with enforcement provisions that would be very difficult to establish requiring political motivation. [135] I like the concept of the “FarmSafe Quad Bike licence” where a farmer; farmer’s employee; self contractor or a quad bike user is trained and taught to be competent when using a quad bike. The training includes understanding the hazards of using quads; and the importance of good qu...

8. Wouldes v The Real Estate Agents Authority (CAC 409), Tremain & Nathan [2017] NZREADT 67 [pdf, 343 KB]

   ...Agents Authority [2017] NZHC 453, at [74]. [a] Irrespective of whether she had a copy of the 2010 Joyce report at the time Ms Nathan attended the 29 October 2011 meeting, Ms Nathan was a professional salesperson as the holder of an agent’s licence, and would have had a greater understanding of potential issues with the complex than an ordinary member of the public would have had.19 [b] The information discussed at the 29 October 2011 meeting was significant in terms of th...

9. Coronial Services Annual Report 2016-2017 [pdf, 1.8 MB]

   ...Tutton Coroner M Elliot Dunedin Coroner D Robinson M O J0 21 6_ D ec 20 17 coronialservices.justice.govt.nz ISBN 978-0-478-32468-6 (ONLINE) 2017 © Crown Copyright This work is licensed under the Creative Commons Attribution 4.0 New Zealand licence. You are free to copy, distribute and adapt the work, as long as you attribute the work to the Ministry of Justice and follow any other licence terms. To see a copy of this licence, visit creativecommons.org/licenses/by/4.0 Contact t...

10. Trustees of Owhaoko C Trust v Karena - Owhaoko C Trust (2017) 59 Takitimu MB 288 (59 TKT 288) [pdf, 436 KB]

    ...provide a written proposal to put to a meeting of owners which Mr Karena did not do. [43] Clause 3(b)(xi), (xii), (xiii) of the trust order state: xi To permit occupation and enjoyment by the owners At their discretion, to reserve in any lease or licence or otherwise provide for any one or more of the beneficial owners to personally occupy use or otherwise enjoy such defined part or parts of the land as the Trustees shall determine having regard to the comparative shareholdings and...