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1. [2024] NZEnvC 145 Braeburn Property Limited v Christchurch City Council [pdf, 189 KB]

   ...whose properties fell within the specific areas and those who may have current or future development aspirations). The court ordered service by way of a public notice in newspapers of high circulation and on the Council’s website. [18] In response to the suggestion that service would need to be on the wider public, the Council noted that it does not consider it appropriate to notify beyond the properties it considers are directly affected. Outcome [19] Having considered the p...

2. BI v N Ltd [2024] NZDT 749 (8 October 2024) [pdf, 225 KB]

   ...provide by N Ltd have not been followed and it is in our belief that both the use of the appliance and the lack of, or poor cleaning of the appliance, have resulted in the damage that is visible in the images provided. g. In conclusion, N Ltd cannot be responsible for user error and neglect of the product. 9. The main issues for consideration are: a. Was the cooktop of acceptable quality? b. If not, what is the remedy? Was the cooktop of acceptable quality? 10. When a supp...

3. U Ltd v J Ltd [2024] NZDT 762 (11 December 2024) [pdf, 121 KB]

   ...property damage. These included damage to carpets in several rooms, paint spray damage on the house and pavers, as well as thefts and other apparently deliberate damage throughout the house. However, she said, J Ltd had considered that U Ltd was responsible for an excess of $550.00 on each of 11 items of damage, a total of $6,050.00, which U Ltd regarded as unjustified. In addition, J Ltd had not covered the work that NX had done in arranging for repairs at the property and representing U...

4. IV v O Ltd [2024] NZDT 305 (8 April 2024) [pdf, 188 KB]

   ...damaged or completely broken. IV now brings a claim against O Ltd for compensation in the sum of $10,100.00. 2. The issues to be resolved are: 3. (a) Did the damage occur while the house contents were in O Ltd’s care? (a) If so, was O Ltd responsible for the loss or damage? (b) If so, does the Consumer Guarantees Act 1993 apply to the carriage of goods? (c) If not, what kind of contract applies? (d) Did O Ltd breach the Contract? (e) If so, what is the remedy? Did the damag...

5. LN v SU & Ors [2024] NZDT 376 (5 March 2024) [pdf, 189 KB]

   ...work was completed. He then provided her with a PS3 which had the company details recorded on it. LN provided copies of communications between the parties and the PS3 in support of her statement. 12. I accept that T Ltd was the entity that was responsible for and carried out the work, as documented on the PS3. For this reason, it is a party to the contract and is liable for the failure to meet the guarantee implied into the contract by the CGA. However, at the time the contract was ent...

6. Van Wey Lovatt v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 150 (24 September 2024) [pdf, 165 KB]

   ...however available or are insufficient for effective vindication, the obligation of the courts may be to provide a direct remedy in public law, as Baigent recognised. Although in that case monetary remedy was considered to be the only practicable response, in other cases the direct remedy may take another form, such as a declaration. Outcome [93] Whatever the difficulties with cases at the margin, I consider that Mr Chapman’s claim is within the scope of the direct public law li...

7. [2024] NZEmpC 235 Postal Workers Union of Aotearoa Inc v NZ Post Ltd [pdf, 205 KB]

   ...decisive. (c) The defendant’s submission about the application of the object in s 3 of the Act was resisted on the basis that, had it been of assistance, the matter would have been considered in Bryson. [20] Similar points were made in response to the defendant’s reference to the use of equipment, criticisms of the Court of Appeal’s approach to the reasons for control being irrelevant, and the potential effect on third parties. [21] Mr Mitchell accepted that Ra...

8. Karaitiana v Seager - Wharetoto 9 Balance Trust (2024) 494 Aotea MB 275 (494 AOT 275) [pdf, 209 KB]

   ...he will need independent advice, depending on where the trustees get to. Once I receive all reports, I will determine next steps. 1 Karaitiana v Seagar (2024) 491 Aotea MB 36 (491 AOT 36). 494 Aotea MB 277 [5] I subsequently received responses from all parties, with no issues being raised by Harvey and Tokoahu about my ongoing role. [6] From 10 October 2024 Tokoahu consistently emailed the court seeking to place matters on hold due to, inter alia, Harvey Karaitiana havin...

9. Walters v Accident Compensation Corporation (Late Filing of an Appeal to the District Court) [2024] NZACC 168 (22 October 2024) [pdf, 207 KB]

   ...too many cases already. (d) The above was coupled with the death of Mr Walters’ grandmother and aunt within weeks of each other. [3] On 30 September 2024, Judge Spiller issued an Initial Minute which directed that the Corporation provide a response to Mr Walters’ application for leave to appeal out of time. [4] On 16 October 2024, Mr Castle, for the Corporation, submitted that the delay did not prejudice the Corporation and it did not oppose leave being granted. Relevant law...

10. G Ltd v C Ltd [2024] NZDT 506 (25 June 2024) [pdf, 107 KB]

    ...that had been included in the initial estimate, and they had to pay another builder $20,000.00 to finish the incomplete job. At the hearing NF for C Ltd referred to her ‘counter-claim’ but it was established that she meant her submissions in response to the claim which contained no reference to sums that C Ltd had spent or wished to claim. She did then state at the hearing that she wished to lodge a formal counter-claim. 5. Given that this matter has been through a rehearing proc...