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1. Auckland Standards Committee 2 v Kejriwal [2022] NZLCDT 24 (20 July 2022 [pdf, 156 KB]

   ...of a practitioner. We accept that these issues are present for this practitioner. [68] She is aware that a strike-off (or suspension) will inevitably involve publication in the New Zealand Gazette but beyond that she seeks suppression of all private medical information and also of her name. [69] In the H case, the practitioner had retired from practice and therefore there was no public safety component residing in a suppression order. In this case, because of the dishonesty...

2. Final-Technical-Assessment-A-Transport-v2.pdf [pdf, 2.8 MB]

   ...towards 18 This assessment was undertaken using a Google Earth KMZ file entitled “Accesses 21Dec20 updated 5May21” Page 23 Palmerston North) or south (heading towards Ōtaki) and the posted speed of the roads. Speeds for any proposed private accessways were assumed to be 30km/h. Construction Effects 95. A preliminary assessment of the predicted future year safety performance of the potential construction routes and state highway intersections has been undertaken...

3. H & Anor v CAC 20004 & Anor [2014] NZREADT 9 [pdf, 214 KB]

   ...risk of prejudice to a fair trial; or [e] Endanger the safety of any person; or [f] Lead to the identification of another person whose name is suppressed by order or by law; or [g] Prejudice the maintenance of the law, including the prevention, investigation, and detection of offences; or [h] Prejudice the security or defence of New Zealand. [18] Ms Pridgeon submits for the Authority that this reflects a stricter approach to publication being required by Parliament. We agree....

4. BORA Register of Pecuniary Interests of Judges Bill [pdf, 299 KB]

   ...13. We note that cl 9(1)(g) requires judges to disclose the location of real property in which they have a legal or beneficial interest. For the purposes of this advice, we presume that this obligation would not require the public disclosure of a private residential address but could be met by describing the location of the property in general terms. This appears to be the current practice in respect of the Register of Pecuniary Interests of Members of Parliament. [4] 14. For these rea...

5. LD v VW LCRO 223 / 2011 (1 June 2012) [pdf, 81 KB]

   ...decision. He said he had been badly advised by the Practitioner, that she had not taken his case seriously, and that this was his first legal experience and he had no idea about what to do. He said that the Practitioner never had an intention to investigate or construct a case, and that she always put off his requests for a meeting. [12] The Applicant alleged the Practitioner was rude to him when he rang her about the appeal and told him not to call again. He added that she had...

6. DB v FX [2018] NZDT 1489 (3 December 2018) [pdf, 184 KB]

   ...sales by traders. The relevant law is the common law of contract, and the Contract and Commercial Law Act 2017 (CCLA), but not the cancellation provisions in ss 36-42 of the CCLA since they do not apply to the sale of goods. 6. Where goods are sold privately, CCLA s 137(1) stipulates that there is no implied warranty or condition as to their quality or fitness for any particular purpose. However, CCLA s 35 provides for damages where a party to a contract “has been induced to enter into...

7. [2021] NZEmpC 161 A Labour Inspector v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant [pdf, 198 KB]

   ...company. The Labour Inspector says that both Mr and Mrs Sharma are in a position to exercise significant influence over the management or administration of the first respondents. [17] Ms MacRury has included in her affidavit a copy of the investigation report into the alleged breaches and statements from the seven employees allegedly affected. While the case has not been heard, I am satisfied that the Labour Inspector has a good arguable case against each of the responde...

8. [2022] NZEnvC 072 Otago Regional Council v Armishaw [pdf, 229 KB]

   ...Affidavit at [30]-[32]. 13 New Plymouth District Council v Bolton [2021] NZEnvC 151 at [31]. 14 Hampton v Hampton [2009] NZRMA 411 at [66]. 7 damages may not be necessary in a situation where the applicant is:15 (a) protecting public, rather than private, interests; (b) a consent authority is performing a regulatory role; or (c) unquestionably financially capable of meeting any award of damages. [15] I find that all three of the above grounds are applicable in this case, and the...

9. NW v KU [2021] NZDT 1672 (26 October 2021) [pdf, 136 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...

10. DT-guide-to-completing-the-application-form-.pdf [pdf, 164 KB]

    ...time to consider the information. The majority of claims are heard within 90 days of receipt of the application. The time taken may depend on the complexity of the dispute. Hearings and who can attend? Dispute Tribunal proceedings are held in private. They are presided over by a Referee under warrant of the Governor-General. There is no ability to select which Referee will preside over a Disputes Tribunal proceeding. Parties are not able to be represented by lawyers at Disputes T...