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1. Atkinson v Ministry of Health (Joinder of Spencer) [2013] NZHRRT 42 [pdf, 41 KB]

   ...J) Mrs Margaret Spencer on 29 October 2013 filed with the Tribunal an interlocutory application to be joined as a plaintiff in these proceedings. [2] By Minute dated 5 November 2013 the Chairperson made timetable orders regarding the filing of a response by the original plaintiffs and by the Ministry of Health. 2 [3] By memorandum dated 5 November 2013 Ms Joychild QC advised that the original plaintiffs in these proceedings would abide the decision of the Tribunal and did not wish...

2. Kumandan v CAC404 [2016] NZREADT 21 [pdf, 73 KB]

   ...and integrity required of licensees”. [4] Section 115 requires a Tribunal to give a licensee written notice of its intention to suspend the licence. Once this notice is issued a licensee has 10 working days to make written representations in response to the notice. In order for the Tribunal to give such written notice it must be satisfied that it is proper in the public interest to give the notice of the intention to suspend to Mr Kumandan. [5] Mr Kumandan provided the Tribunal wit...

3. AFW and AFX v ZVY Insurance Ltd [2014] NZDT 404 (20 January 2014) [pdf, 64 KB]

   ...edges to be excluded from cover. [8] ZVY Insurance Ltd did not intend for carpet fixed by way of straight edges to be included in the house policy, but the ordinary person would reasonably expect cover. ZVY Insurance Ltd has a responsibility to make its intention clear. In this case, the wording of the policy is ambiguous. The law is that any ambiguity in a contract be interpreted against the party who drafted the contract. That is ZVY Insurance Ltd. [9] For the...

4. ARLA - Form 4 Off licence application [docx, 19 KB]

   ...for sale of alcohol [state] Conditions • Experience and training of applicant [state] • Steps proposed to be taken to prevent the sale and supply of alcohol to prohibited people [describe] • Any other steps the applicant proposes to promote the responsible consumption of alcohol [describe] • Other systems (including training systems), and staff in place (or to be in place) for compliance with the Act [describe] Attachments (premises that are not a conveyance) • Copy of planning cert...

5. Keepa v Vercoe - Ruatoki B13A2A [2015] Māori Appellate Court MB 196 (2015 APPEAL 196) [pdf, 267 KB]

   ...confirmed for us that his objection to the succession was in respect of all interests held by his sister. 1 103 Waiariki MB 290 (103 WAR 290) 2015 Māori Appellate Court MB 199 [8] In response, Mr Frank Vercoe opposed the appeal stating that the succession was a straight forward one according to the law, and that the issues raised by Mr Keepa were wrong and/or irrelevant. [9] Turning to Mr Keepa’s objection, it is trite...

6. Procter [2012] NZWHT Auckland 22 [pdf, 76 KB]

   ...their remedial expert, was a specialist 3 advisor and contractor for the purpose of rectifying any leaky damage and making the house weathertight. The claimants carried out the work that was identified by Bonavista and therefore it should be responsible for alteration work that did not prevent the house from leaking. Can failure to carry out work be considered to be part of an alteration? [7] The word alteration is not defined in the Act. However the Oxford Diction...

7. [2017] NZEmpC 125 Moss Application for access to Court documents [pdf, 109 KB]

   ...doing. [4] Ms Moss’ application to access the file in question was, at my direction, referred to counsel for the parties likely to be affected, so that submissions could be made as to their respective positions in respect to the application. Responses have now been received from counsel for all of the parties in the proceedings in question. All counsel oppose the application. The primary reason for this is that the Court file, the common bundle of documents and the briefs of...

8. DJ v VQ Ltd [2016] NZDT 897 (12 February 2016) [pdf, 22 KB]

   ...hydro-seed mix several days later. DJ paid the full price once the spraying was done. [2] Several weeks later the grass was not growing well, being patchy with weeds coming through. DJ says attempts at contacting VQ re the problems yielded no response. DJ also claims his fence has been marked during the spraying and he claims a refund of the full price paid ($1,300). [3] The relevant law is the Consumer Guarantees Act 1993 (CGA). Issues [4] Was the patchy lawn caused by any fa...

9. BORA Kaikoura (Te Tai ō Marokura) Marine Management Bill [pdf, 277 KB]

   ...Sanctuary); c)a fur seal sanctuary (Ohau Point Fur Seal Sanctuary); d)five customary fisheries areas (two taiapure-local fisheries and three mataitai reserves); e)an advisory committee to provide advice to the Minister of Conservation and Minister responsible for fisheries on any conservation or fisheries matters related to the marine and coastal environment within the marine area; and f)fishing regulations that are specific to the area. Consistency with the Right to be Presumed Inn...

10. BORA Social Housing Reform (Transaction Mandate) Bill [pdf, 274 KB]

    ...contracts on behalf of the HNZC. New section 50R(1) provides that HNZC (or its subsidiaries) is liable for the actions of the Minister under those sections. Conversely, new section 50R(2) provides that “[n]either the Crown nor the Minister is responsible or liable to any person by reason of acting, or having not acted, under section 50E, 50F, or 50G”. 7. New section 50R(2) is a procedural bar to people taking actions against the Crown (or the Minister) for a breach of contract or...