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1. KM v Q Ltd [2023] NZDT 324 (12 January 2023) [pdf, 194 KB]

   ...COUNTERCLAIM APPLICANT COUNTERCLAIM RESPONDENT Q Ltd TB The Tribunal orders: 1. TB is to pay Q Ltd $95.00 by 26 January 2023. 2. All remaining claims by Q Ltd are dismissed. Reasons: 1. On 2 February 2022, TB parked in a private carpark at [redacted] for about 5 minutes while she picked up her daughter up from a dance class. The car she was driving was registered in the name of her husband KM. 2. On 4 February 2022, Q Ltd sent KM a “breach notice” f...

2. BORA Judicial Matters Bill [pdf, 309 KB]

   ...Personal judicial immunity 3. Clauses 39, 40, 45, 59, 66 to 71, and 74 of the Bill are designed to accord all Judges the same absolute personal immunity from suit as High Court and Court of Appeal Judges. This is immunity from suit in their private capacity in respect of actions taken in their role as judges. 4. It might be suggested that an absolute immunity raises an issue of consistency with s 27(3) NZBORA. Section 27(3) states that: Every person has the right to bring civil pr...

3. RK v KS [2021] NZDT 1349 (20 April 2021) [pdf, 224 KB]

   ...jetski? 4. 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. 5. It is also the sale of a good, made in the context of a private sale. KS is not in trade and sold the jetski privately. 6. 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...

4. LCRO 95/2019 CM v DL (9 March 2021) [pdf, 285 KB]

   ...DL’s correspondence of 12 January 2018 clearly detailed the initial steps he was intending to take; and (b) an application for legal aid would require supporting evidence of the merits of the proposed appeal which the client would need to fund privately in the first instance; and (c) Judge [AB] had made strong judicial criticisms of Mr CM and his ability to objectively present evidence; and 7 (d) it was Mr DL’s opinion that Mr CM’s sentence was within range and unassai...

5. 3-Strikes-Proactive-Release-OIA-Requests_Final_Part7.pdf [pdf, 13 MB]

   ...<Sophie.Klinger@justice.govt.nz> Subject: RE: Three strikes media - press release and Q&A Thanks Harry! Can I also just confirm the other commissioning for a speech and some additional lines for the PM is in hand for tomorrow afternoon? Ngā mihi Private Secretary – Courts & Associate Justice Office of Hon Nicole McKee Minister for Courts | Associate Minister of Justice (Firearms) DDI: | M: Email: @parliament.govt.nz Private Bag 18041, Parliament Building...

6. ENVC Matiatia party corresp WMLFeb15 affidavit D Mitchell [pdf, 3.6 MB]

   ...Council to certify a car parking solution so long as certain parameters a re met. The wording of any such condition is addressed in the affidavit of Mr Dunn and the legal submissions on behalf of WML. This affidavit provides some detail as to the investigations WML have undertaken regarding parking options. Parking Demand 5. As recorded in the evidence I have already presented to the Court in this hearing, my assessment of demand for parking is largely based on surveys carried o...

7. [2022] NZEnvC 147 BA Building Limited v Dunedin City Council [pdf, 579 KB]

   ...Consideration of internal roading design, layout, and connection points to the existing transportation network for all modes of transport in accordance with the Dunedin Code of Subdivision and Development 2010 or NZS 4404:2010. b. Geotechnical investigation report i. Applications for subdivision activities, multi-unit development or supported living facilities must include a geotechnical investigation report prepared by a suitably qualified geotechnical consultant , unl...

8. Directory of Official Information M-O [pdf, 551 KB]

   ...University’s website www.massey.ac.nz. Contact General enquiries should be directed to contact@massey.ac.nz Official Information Act enquires should be directed to: The Director Governance and Assurance Massey University Tennent Drive Private Bag 11 222 Palmerston North 4442 oia@massey.ac.nz www.massey.ac.nz mailto:contact@massey.ac.nz mailto:oia@massey.ac.nz http://www.massey.ac.nz/ 16 Meteorological Service of New Zealand Limited (MetService) Entry last u...

9. Directory of Official Information M-O [pdf, 585 KB]

   ...University’s website www.massey.ac.nz. Contact General enquiries should be directed to contact@massey.ac.nz Official Information Act enquires should be directed to: The Director Governance and Assurance Massey University Tennent Drive Private Bag 11 222 Palmerston North 4442 oia@massey.ac.nz www.massey.ac.nz mailto:contact@massey.ac.nz mailto:oia@massey.ac.nz http://www.massey.ac.nz/ 16 Meteorological Service of New Zealand Limited (MetService) Entry last u...

10. BORA Search and Surveillance Bill [pdf, 334 KB]

    ...[5] 7. The second question is the definition of reasonableness. The exercise of information- gathering powers involves a balance between the public interest in the objective served by that information-gathering, on the one hand, and the public and private interest in being left alone: see, for example, R v Grayson and Taylor [1997] 1 NZLR 399 (CA), 407:[6] “Any search is a significant invasion of personal freedom. How significant it is will depend on the circumstances. There may be ot...