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1. Canterbury Westland Standards Committee v Taffs [2015] NZLCDT 41 [pdf, 34 KB]

   ...now in place will ensure no repetition. [29] Mr Taffs is absolutely adamant (and there is no evidence to the contrary) that he has never taken fees directly from clients who are legally aided. He has at times represented the same client either privately or on a Legal Aid basis at different times. [30] We accept Mr Upton’s submission that this is not a case of: “… A practitioner deliberately, wilfully and knowingly defying requests by an Inspector. Instead it is more properl...

2. International Covenant on Civil and Political Rights - list of issues 6th report [pdf, 51 KB]

   ...punishment, and rights of non-citizens (arts. 3, 6, 7 and 13) 13. Please provide an update on the legislative, administrative and other measures taken to eliminate all forms of violence against women, including spousal rape, by ensuring, inter alia, prompt investigations, prosecutions of perpetrators and the provision of effective remedies to victims. Please provide statistical data on violence against women, including on: (a) the number of complaints received; (b) the number of cases pro...

3. 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...

4. Strengthening Consequences for Crime in the Crimes Act 1961 [pdf, 541 KB]

   ...purchasing of a minor for sexual exploitation, is criminally liable, even without the intent to carry out the offence. While Police are highly unlikely to face public prosecution for offences committed during a covert investigation, they could face private prosecutions from defendants. 52 I propose creating a protection under section 98AA for undercover officers acting in their professional capacity, so that the Attorney-General’s consent is required to bring both 3 For example, the...

5. FU v KT & G Ltd [2023] NZDT 431 (5 September 2023) [pdf, 180 KB]

   ...required to apply an evidential standard, the burden is on the applicant to prove their claim on the balance of probabilities. 6. At the first hearing KT argued that G Ltd did not sell FU the car, he explained that it provided a service under which private sellers were able to advertise their vehicles through the company, but that any resulting sales were direct between the private seller and the purchaser. KT said that this car was sold to FU by a private seller in this manner....

6. KB v ZA [2024] NZDT 524 (16 July 2024) [pdf, 101 KB]

   ...engine, listed for sale at $19,995.00. 4. KB did not provide a copy of his mechanical insurance policy. He stated that he was confident that the policy would cover the issue with this vehicle, up to the policy limit of $7,000.00. 5. This was a private sale. Purchasers have very few potential legal remedies in a private sale. The seller does not have a duty to provide any information to the buyer. The seller does not have to ensure that the vehicle is in good condition. The onus...

7. 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...

8. 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...

9. 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...

10. 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...