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1. [2022] NZEnvC 072 Otago Regional Council v Armishaw [pdf, 229 KB]

   ...Gibbon Affidavit at [25]-[26]. 5 Mr Armishaw failed to take any remedial action. [6] By 14 March 2022, the Council observed another active discharge of human sewage onto Mr Wilson’s property.6 Mr Armishaw however did not believe he was responsible for the discharge.7 This is despite confirmation via a dye tracer exercise that the outlet pipe on Mr Wilson’s property is connected to his septic tank system, which was conveyed to Mr Armishaw.8 [7] The Council issued Mr Armis...

2. KH & KX v MX [2022] NZDT 63 (5 June 2022) [pdf, 112 KB]

   ...is the remedy? c) Are KH and KX entitled to the filing fee? Misrepresentation. CI0301_CIV_DCDT_Order Page 2 of 4 5. 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. 6. I have determined the sale of the car was a sale of a good, made in the context of a private sale. MX is not in trade. 7. Where goods are sold by a seller in trade there are implied co...

3. GQ Ltd v OD Ltd [2022] NZDT 126 (19 August 2022) [pdf, 234 KB]

   ...carefully considered the evidence I find an award of $10,000 is a fair and reasonable assessment of the cost to put right as required by the lease. I also allow the $392.00 + GST being $450.80 for the gardening. The respondent says they were not responsible for this however the lease says this is part of the outgoings. Power 22. The applicant claims $318.67 for the respondents share of common use power for the period October 2020 to 12 October 2021. The lease provides for the ten...

4. READT annual report 2022 [pdf, 274 KB]

   ...equipment. Many hearings are now a mix of in-person and remote with some parties and/or counsel and/or witnesses appearing remotely, even where most attend in person. The use of AVL technology works well. The Ministry is to be applauded for its response to the pandemic in keeping the Tribunal running smoothly. JURISDICTION AND GENERAL INFORMATION Establishment and Function of the Tribunal The Tribunal is based in Wellington. It was established in 2009 by s 100 of the...

5. Manning v Waitutu Inc - Waitutu Inc (2023) 80 Te Waipounamu MB 101 (80 TWP 101) [pdf, 271 KB]

   ...to when trustees may act by majority, s 227(1) of the Act states: 227 Trustees may act by majority (1) Subject to any express provision in the trust order and except as provided in subsections (2) and (3), in any case where there are 3 or more responsible trustees of a trust constituted under this Part, a majority of the trustees shall have sufficient authority to exercise any powers conferred on the trustees. [11] Section 69 sets out the evidence the Court may receive: 69 Evidenc...

6. MH v NB Ltd [2022] NZDT 171 (4 October 2022) [pdf, 99 KB]

   ...the exhaust manifold. DH also found that an old gasket had been used to replace another; and there were loose nuts, and two of them had been cross-threaded. The cost of that repair work was $821.90. [5] MH considered that NB Ltd was at fault and responsible for the cost that she had had to pay PH. She said that NB Ltd had removed the entire exhaust manifold. She noted that NB Ltd’s invoice stated that it had “removed complete exhaust manifold”. She therefore considered that the dam...

7. QD & XD v QN [2021] NZDT 1683 (10 December 2021) [pdf, 181 KB]

   ...her losses. I do not think that, having committed themselves to the purchase, they were in a position to insist on negotiating with QN the question of whether they would accept the puppy or not and, if they did not, to require QN to state what her response would be. [12] In this case, the agreed price of the puppy was $1,000.00, and the deposit paid was $600.00. In my view, that sum, being 60% of the purchase price, exceeds what would normally be regarded as a payment intended to be fo...

8. Family-Court-Amendment-Rules-2022-Final.pdf [pdf, 314 KB]

   ...Legislation Guidelines (2021 edition), which are maintained by the Legislation Design and Advisory Committee. Treaty analysis 12 These amendments support the Crown to exercise its obligation under te Tiriti o Waitangi to exercise kāwanatanga in a responsible manner and promote equitable access to justice and court services. 13 Māori are more likely to live in rural areas where physical access to the courts is difficult. Māori are also more at risk of digital exclusion, particularly tho...

9. 2023 NZPSPLA 011.pdf [pdf, 120 KB]

   ...respond to the report. If they disputed any of the information in CIPU’s report they were required to outline the points of disagreement and file any further evidence they wanted considered in their defence. 2 [8] Mr Hunt did not file any response to the report nor provide any additional evidence in advance of the hearing. However, at the hearing he disputed some of the evidence in CIPU’s investigation as well as the Licensing Authority’s claim that Watchmen Security...

10. [2022] NZREADT 14 - Shaw v REAA (4 July 2022) [pdf, 94 KB]

    ...there was no record of him completing the 2021 CPD by 10 January 2022 or the refresher course by 15 February 2022. Under s 54(d) of the Act, the Registrar “must” cancel his licence. He had 10 days (until 1 March 2022) to provide a written response as to why the licence should not be cancelled. 3 [9] On 23 February 2022, Mr Shaw sent an email to the Authority responding to the notice of intention to cancel his licence. He said he had put his licence on hold the previou...