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1. Ministry to introduce Body Worn Cameras for Bailiffs

   ...Family Court documents.Bailiffs generally work on their own, visiting people and private property or places of work they are unfamiliar with, and often in highly emotive situations. This can present a health and safety risk to the Bailiff and also makes investigating complaints difficult due to the isolated nature of the work.The introduction of BWCs is part of wider Ministry work to improve health and safety for Bailiffs. Several changes have already been implemented, including improvements to...

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2. [2022] NZEnvC 082 Ormiston Workshops Limited v Auckland Council [pdf, 571 KB]

   ...must comply with the New Zealand Standard 6803:1999 for Acoustics – Construction Noise at all times. Ensure Construction and Earthworks Activities do not obstruct Access 12. There must be no obstruction of access to public footpaths, berms, private properties, public services/utilities, or public reserves resulting from the construction and earthworks activity. All materials and equipment must be stored within the subject site’s boundaries. Ensure Effectiveness of Sediment...

3. UK v WM LCRO 144/2013 (2 September 2016) [pdf, 104 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader...

4. Waitangi Tribunal - Part 1 The alienation of Māori land in Rohe Potae [pdf, 1.2 MB]

   ...bibliography and cited in the text. It should be noted that there are other potentially valuable archives and manuscripts that it was not possible to research for this report. For example, records relating to the Native Land Court, judges’ papers and private papers of individuals involved in land alienations are also likely to produce valuable documentary evidence for more in-depth investigations. The King Country–Rohe Potae district The district known as the ‘King Country’ or Rohe Po...

5. DR v BU Ltd [2022] NZDT 199 (22 November 2022) [pdf, 135 KB]

   ...APPLICANT DR APPLICANT QT RESPONDENT BU Ltd The Tribunal orders: DR and QT’s claim against BU Ltd is dismissed. Reasons: 1. On 22 August 2022, the applicants’ car was towed by the respondent from a private car park in [City]. The applicants paid $420.00 to have the car released. The applicants claim the respondent did not have the right to tow their car and that the costs claimed to tow the car were not reasonable. The applicants claim $1,0...

6. MN v LO [2024] NZDT 199 (12 March 2024) [pdf, 143 KB]

   ...that misrepresentation to enter into the contract and purchase the bike? c) If so, what is MN’s remedy? d) Is MN entitled to claim the $90.00 Tribunal fee? Did LO misrepresent that the bike was a 4WD quad bike? 4. This claim involves a private sale of a quad bike, therefore protections such as under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 are not available to the purchaser. The general position for such purchases is that the buyer must be responsible for...

7. MU v QT Ltd [2024] NZDT 210 (4 March 2024) [pdf, 104 KB]

   ...decision of OX v QT2 which is published on the Ministry of Justice website as a ‘Decision of Interest’. This decision is one of my decisions. The facts have a strong similarity to this case in that the applicant directed his son to park in a private carpark where there was some signage warning drivers of the ramifications of parking there without authorisation. The respondent was a company contracted to carry out parking enforcement services in the private car park. I found there was...

8. H Ltd v G Ltd [2023] NZDT 265 (11 May 2023) [pdf, 110 KB]

   ...of the [City] Council Controls made under the [waste bylaw], CI0301_CIV_DCDT_Order Page 2 of 3 which did not discuss volumes or consents for clean fill sites. G Ltd has therefore failed to prove that H Ltd breached the contract by dumping at a private site. 6. As regards dumping documents, there was no discussion at the time of the verbal subcontracts of any obligation to document the dumping, even though this was a requirement in the head contract between G Ltd and its client. Neit...

9. KT v HI & KX [2023] NZDT 403 (28 August 2023) [pdf, 101 KB]

   ...purchasing it? 8. The starting point is the principle of caveat emptor, or ‘buyer beware’. The general position is that the buyer must be responsible for his or her own purchasing decision. It is also the sale of a good, made in the context of a private sale. HI is not in trade and sold the vehicle privately. 9. Where goods are sold by a seller in trade, there are implied conditions, such as those relating to the goods being reasonably fit for purpose. However, there are otherw...

10. SL v QU [2023] NZDT 677 (16 December 2023) [pdf, 190 KB]

    ...first registered in his name in February 2021 and that it was used for personal use, as this was supported by: i. the [vehicle] report which stated it was owned by an individual owner; and ii. the written agreement for sale, recorded it was a “private sale” and this was supported by the personal signature by QU, without any reference to any company. CI0301_CIV_DCDT_Order Page 2 of 3 Did QU misrepresent the car? 6. The common law of contact and the Contractual and...