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1. M Ltd v FL [2025] NZDT 39 (11 February 2025) [pdf, 111 KB]

   ...meters to get the information required, and this is not uncommon practice. And, that the local Council depth of 10 meters is a minimum, and industry standards are up to 15 meters (for areas with liquefaction). 23. The Applicant also submitted, in response to the witness statement, that the entire local area is a flood plain, and there are river channels everywhere, most are non-aquifer, but this happened to be aquifer which allowed the groundwater to seep out. 24. With regards...

2. UQ & XQ v B Ltd & BT [2023] NZDT 743 (8 December 2023) [pdf, 188 KB]

   ...mitigated. If so, what is the total that her insurance company must pay to the Applicants? 13. It may seem artificial to non-lawyers, but the discussion above is about the loss that BT is liable for, having breached her duty of care. B Ltd have a responsibility to her, as B Ltd submitted, to indemnify her fully under her policy. B Ltd therefore are obliged to pay UQ and XQ the amount claimed $4,704.15, as the remaining amount required to be paid by BT in damages. Referee:...

3. [2025] NZEmpC 112  A Labour Inspector v Dao (No6) [pdf, 206 KB]

   ...funds via any such accounts. [14] As already noted, the decision to unfreeze these accounts has been dealt with in a previous judgment.4 While it is open to the Court to look at refreezing those assets, the reasons for unfreezing them remain. In response to the Labour Inspector’s concern around ongoing dissipation, the respondents have agreed to provide bank statements on a monthly basis for all business accounts to show that these accounts have been used solely for business exp...

4. FO v SQ [2025] NZDT 19 (17 January 2025) [pdf, 128 KB]

   ...intend to buy the goods at the price the bid is made at, because a legal contract can arise from the action of placing a bid. 10. Even if SQ did not intend to purchase this vehicle for this price, a valid bid was placed from her account and she is responsible for that bid. SQ accepted that to be the case at the hearing. I consider that an objective view of the circumstances establishes that a contract was formed when the auction closed with SQ’s bid being the highest. If so, h...

5. AI v HC [2024] NZDT 875 (16 December 2024) [pdf, 139 KB]

   ...immediately acknowledged reversing into Mr O’s car, there is no obvious reason why he would not have acknowledged hitting AI’s car if he had done so. 8. Given AI’s absence from the hearing, the written claim form and emails from him to Y Ltd in response to questions, are the only direct evidence from him. His description of the accident on the claim form is as follows: “I was parked in front my house and my mother-in-law was looking at the guy reversing into my front bumper...

6. Moke - Succession to Te Poroa Joseph Malcolm (2025) 339 Waiariki MB 182 (339 WAR 182) [pdf, 230 KB]

   ...(g) Keepa Malcolm; Shane Erua Heremaia and Rawiri Ronald Charles Heremaia and their biological descendants including whāngai and children legally adopted from the tūpuna lines of descent. [12] Under the proposed terms, the Kāwai holds the responsibility and authority for a number of matters including the selection of trustees; and participation and voting at any meeting: (a) each Kāwai will appoint one trustee to be confirmed at an Annual General or Special meeting of Benefi...

7. How variable are the results?

   ...confused with non-sampling error that also contributes to survey error. Non-sampling error includes inaccuracies that can arise through reporting to interviewers, respondents’ memory issues or fabricating information, errors in coding and processing, non-response bias and inadequate sampling frames. While inaccuracies of this kind may happen in any survey, strict quality processes have been undertaken in the NZCASS to minimise this type of error. While sampling error can be quantified, non-sa...

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8. 2015 archive

   ...Providers is now published on the Ministry of Justice website following consultation with the legal professional bodies. A formal submission from the New Zealand Law Society assisted in finalising the re-approval policy. We amended the draft policy in response to the New Zealand Law Society submission that any relevant legal work, not just legal aid cases, must be taken into account when testing whether a lawyer continues to meet the experience and competency requirements for approval. The new...

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9. Before the trial

   ...him bail but reminds Oliver that he must not breach his bail conditions unless he wants to be taken into custody again. Back to top Trial call-over memo A trial callover memo must be completed by Oliver’s counsel as well as the Crown Solicitor who is responsible for prosecuting his case. This memo will provide information to the court that will assist with scheduling the jury trial such as: number of witnesses estimated duration of the jury trial availability of counsel and crown prosecutor...

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10. [2025] NZSSAA 11 (27 March 2025) [pdf, 160 KB]

    ...so for various reasons that he could not have foreseen and were outside of his control. However, the Authority can only deal with the situation in terms of the legislation that is applicable. In this case, and despite other exceptions made in response to the COVID-19 pandemic, the law does not mandate the ability to waive or exempt the residential requirements. 23. While we acknowledge the difficulties faced by XXXX due to the COVID-19 pandemic and the resulting border restricti...