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1. XB v KI [2022] NZDT 226 (5 December 2022) [pdf, 198 KB]

   ...that misrepresentation? c. Is XB entitled to a refund of $14,250.00 plus road user charges of $249.80 or any other compensation? Did KI misrepresent the car when she sold it to XB? CI0301_CIV_DCDT_Order Page 2 of 4 10. This was a private sale. KI was not selling this vehicle in trade and therefore none of the consumer protection legislation, such as the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 apply. 11. Section 35 of the Contract and Commercial La...

2. QQ v IK & YM [2023] NZDT 357 (22 June 2023) [pdf, 150 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the pr...

3. EM v KU [2024] NZDT 662 (15 September 2024) [pdf, 193 KB]

   ...Was a misrepresentation made in the sale of the [Car]? b. If so, is Mr Larson entitled to compensation of $3,600.00 as claimed, or to any other sum? Was a misrepresentation made in the sale of the [Car]? 5. Contract law recognises a buyer in a private sale has a responsibility to carry out due diligence before entering a contract. That principle is generally described as caveat emptor or, buyer beware. While the sale of goods is generally covered by Part 3 of the Contract and Com...

4. Wernham v Accident Compensation Corporation (Costs) [2023] NZACC 041 [pdf, 150 KB]

   ...The Reviewer quashed the decision of the New Zealand Police (“the Police”), dated 11 March 2021, declining Mr Wernham’s claim for cover for a work-related gradual process injury (“WRGPI”). This decision was on the basis that further investigation was necessary. The Reviewer directed the Police to reinvestigate the claim and issue a new decision. On 11 August 2022, the Court directed, by consent, that: 2 (1) the Reviewer’s decision be varied so that it did not qu...

5. Statement - Cyber security incident

   ...affected can email contactus@justice.govt.nz  or dial 0800 638 924.  The 0800 number will be open from Wednesday 7 December between 8.30am to 5.00pm Monday to Friday. Who is behind this cyber-security incident? As this is an ongoing investigation, we cannot comment on who might be responsible. Have coronial services been impacted? Coronial services continue to operate as usual. How did this happen and what is the Ministry of Justice doing to stop this from happening aga...

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6. Edinburgh Realty Ltd & Ors v CAC20004 & Anor [2016] NZREADT 5 [pdf, 320 KB]

   ...He was familiar with the property because he had lived next door to it for some years. He said that a factor in putting the property on the market in 2009 was that it was about to become vacant and Edinburgh Realty Ltd allowed agents to “do one private sale a year without any commission being payable”. He and his brother Clayton were named as selling agents together with Mr Shepherd, another salesman employed by the company. Mr Lane Sievwright said that he took no part in actively...

7. JN v QQ LCRO 13 / 2012 (28 August 2012) [pdf, 67 KB]

   ...behalf at both the trial and sentencing. [3] It seems that later that year the Applicant approached [another] barrister regarding a possible appeal. According to the Applicant that barrister “did pursue some matters with the assistance of a private investigator” but ultimately suggested that the 2 appeal be withdrawn at that time “until new evidence arose”. The Applicant has now been in prison for [several] years. [4] In September 2011 the Applicant filed a forma...

8. BORA Evidence Bill [pdf, 406 KB]

   ...ill-treatment and production of dubious confessions.[12] He noted the various legislative provisions that had overridden the privilege, including wide powers of inspectors under the Companies Act 1985 (UK), the Insolvency Act 1986 (UK) and in respect of investigations involving serious or complex fraud. He described those provisions as 'Parliament [having] recognised in a piecemeal fashion that the privilege against self-incrimination is profoundly unsatisfactory when no question of i...

9. Proactive-release-Review-of-the-Operation-and-Performance-of-the-Public-Defence-Service-2021.pdf [pdf, 1.5 MB]

   Cover Note 22 June 2023 The following statement can be attributed to Public Defence Service Director, Peter Hutchinson: In April 2021 Michael Heron KC was asked to complete a review of the operation and performance of the PDS. The review was requested as part of good governance practice, rather than because of any specific issue identified with the PDS. Overall Mr Heron’s report concluded that “the organisation provides a very valuable service to clients and stakehold

10. Tan v Chief Executive Ministry of Social Development (Non Party Access to Tribunal File) [2016] NZHRRT 2 [pdf, 69 KB]

    ...agreed to at a dispute resolution meeting. [12] The significance of the dispute resolution process as presently found in the Act cannot be overemphasised. The Human Rights Amendment Act 2001 required the Human Rights Commission to replace the formal investigation of complaints of unlawful discrimination and the issuing of opinions with facilitation of their resolution in the most efficient, informal and cost-effective manner possible. [13] The account of these changes in Sylvia Bell...