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1. National Standards Committee 1 v Young [2020] NZLCDT 20 (10 July 2020) [pdf, 289 KB]

   ...copy from us. Please do not hesitate to contact us should you require any further information or clarification. We look forward to working with you on this matter. Yours faithfully AVONDALE LAW Jinyue Young Barrister and Solicitor [cell phone number] Accepted by: ___________” [19] Mr Young asserts that, despite the terms of the written “Letter of Engagement,” his retainer was only for a “limited service.” His response to these charges stated (among other things...

2. Restorative justice: Practice standards for family violence cases 2019 [pdf, 1.5 MB]

   ...align with the specialist endorsement for working with family violence that is part of the training and accreditation of facilitators. Meets the Ministry outcome agreement The Practice Standards for Family Violence Cases meets the description of services set out in the Outcome Agreement between the Ministry of Justice and restorative justice service providers. Who are the family violence standards for? These standards are for Ministry of Justice-funded restorative justice providers...

3. LCRO 3/2018 MA v JE and BN (19 June 2018) [pdf, 109 KB]

   ...JE may not have acted independently and in her best interests because he is friendly with a lawyer from another firm who was acting for the executors. Ms MA is uneasy that this may be a conflict of interest. She felt let down by the lawyers’ service. Ms MA says she is extremely disappointed that her home was sold, causing her stress and worry. She says the lawyers: (a) ignored her questions and emails at times, did not make requests for information clear, give her proper advic...

4. Letter to submitters on Panuku Development Auckland Limited [pdf, 339 KB]

   ...There is no filing fee for lodging a section 274 notice. A waiver of the usual requirement to serve copies of any section 274 notices on “all other parties" other than the Applicant (Panuku) and the Council. Instead, it is proposed that service of section 274 notices on "all other parties" be effected by the Court uploading copies of section 274 notices received to its website https://environmentcourt.govt.nz/cases-online/americas-cup-direct-referral/. You may wish t...

5. Hardy v CAC 302 [2016] NZREADT 52 [pdf, 149 KB]

   ...as the branch’s branch manager. Mr Hinton became involved on 26 May 2014 when the complainants realised that their offer had not been presented to the vendors. Mr Hinton called the complainants, talked to them and advised them that he would phone the vendors and check whether the offer made by Mr Matheson’s clients had been finalised. He told the complainants that it had after he had spoken to the vendor. The complainants allege that Mr Hinton said that he would check with h...

6. Holden v Hanns [pdf, 48 KB]

   ...at this stage in the proceedings. 11. If the applicant intends to proceed with the limitation defence it should make this known to all parties well before documents are due. Joinder 12. Section 111 of the Weathertight Homes Resolution Services Act 2006 (The Act) provides that the tribunal may order that a person be joined as a respondent to the adjudication if it considers that: a). The person ought to be bound by, or have the benefit of, an order of the Tribunal; or...

7. Hemana - Rotopounamu 1B3A2C (2019) 77 Tākitimu MB 220 (77 TKT 220) [pdf, 380 KB]

   ...papakāinga housing project:6 [8] The project received a grant of $800,000 from the Māori Housing Network through Te Puni Kokiri (“TPK”), with the intention of borrowing $200,000 from Kiwibank. Rental income from the completed houses was to service the mortgage and repay the principal. Mr Puna stated that the project was 75 per cent completed. The trust therefore needed to secure the balance of the funding urgently so the project could be finished and the houses tenanted...

8. TN v LI [2020] NZDT 1325 (11 August 2020) [pdf, 215 KB]

   ...1325 APPLICANT TN RESPONDENT LI The Tribunal orders: 1. LI is to pay to TN the sum of $250.00 on or before 1 September 2020. 2. The ownership of the cat “A” is vested in LI. Reasons 1. Ms N used the services of a cat rehoming agency run by NQ to find a new home for her cat, “A”. Ms N is a cat breeder, and Ms N was seeking another home for A as she did not enjoy living with other cats. 2. Mr I responded to the advertisement put ou...

9. T Ltd v CS Ors [2021] NZDT 1552 (10 August 2021) [pdf, 236 KB]

   ...likely to mislead or deceive (s9 of the FTA). Under the FTA, the term “trade” is defined broadly to mean “any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services or to the disposition or acquisition of any interest in land.” (s2 of the FTA). 19. It is not necessary for a person to be trading in his or her own right to be found to be ‘in trade’ for the purposes of the FTA. In part...

10. HI, UI, LN and BJ Ltd v QD Ltd DU and HS Ltd [2021] NZDT 1660 (25 October 2021) [pdf, 244 KB]

    ...property/advice about the quality of the property? Were the representations/advice wrong? Was it reasonable to rely on those representations? Obligations 7. I accept that: a. QD needed to take reasonable care and skill in providing its services, including any measurement, and in the inspection report it produced. This is a term reasonably implied into its contract and also applies if provided to a consumer under the Consumer Guarantees Act 1993 (CGA). b. Parties ‘in tr...