Search Results

1. ND & UT v HX [2023] NZDT 329 (2 August 2023) [pdf, 130 KB]

   ...$1257.20 for the cost of the vet tending to his injured sheep. The issues to be decided are: a) Was HX legally justified in shooting A? b) Was there evidence that A had injured HX’s sheep and if so, should UT as the registered owner of A be responsible for paying the vet bills? c) Is HX responsible for paying $3,000.00 to UT for the loss of A? Section 60(1) of the Dog Control Act 1996 provides that where an owner of stock finds a dog running at large among their stock they ma...

2. TE v CH [2024] NZDT 571 (3 July 2024) [pdf, 178 KB]

   ...refund for a deposit to a roofing contractors, new painting quote, new quote for the plumbing, finishing the roof repair and compensation for stress. Issues to be determined is: (i) Did H Ltd have a contractual agreement with TE that it would be responsible for the contractors? Did H Ltd have a contractual agreement with TE that it would be responsible for the contractors? 5. The relevant law is the Contract and Commercial Law Act 2017. A contract is formed when parties agree...

3. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...Third Respondent BSK CONSULTING ENGINEERS LIMITED (Now struck out) Fourth Respondent 2 INDEX SUMMARY Page 5 INTRODUCTION 6 MATERIAL FACTS 7 INSPECTION 13 HEARING 14 CLAIM 17 RESPONSES 19 DAMAGE 20 CHOICE OF LOCATION 23 LIABILITY OF THE FIRST RESPONDENT 24 LIABILITY OF THE SECOND RESPONDENT 29 LIABILITY OF THE THIRD RESPONDENT 33 CONTRIBUTORY NEGLIGENCE OF THE CLAIMANTS 36 REMEDY 40...

4. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 19 [pdf, 335 KB]

   ...Wiemann agreed that it was a problem with the design of the house as the doors were unstable and he could not close them properly. This was a defect of design but he considered it would depend whether it was the window designer or Fearon who was responsible for the design; he did not know. The windows may have been fabricated at the lower end of performance range. [38] When considering the Building Code Mr Wiemann said that it only relates to water penetration which causes und...

5. LCRO 85/2016 BA v FE [pdf, 280 KB]

   ...Mr FE obtained a separation order for Miss BA, he and Miss BA disagreed about the way to progress the relationship property issues. [7] Their retainer came to an end in late August 2015. It lasted between four and five months. Complaint and response [8] Miss BA lodged a complaint with the New Zealand Law Society Lawyers Complaints Service (Complaints Service) on or about 5 February 2016. Attached to her complaint was a copy of Mr FE’s terms of engagement dated 21 April 2015 an...

6. Taueki v Procter - Horowhenua 11 (Lake) (2021) 437 Aotea MB 86 (437 AOT 86) [pdf, 389 KB]

   ...obligations of trust.1 For convenience, the relevant orders for the purposes of this judgment are set out in full: [258] Matthew Sword and Robert Warrington would have been removed for cause for breach of their duties had they been validly reappointed responsible trustees in 2016. 1 Taueki v Procter - Horowhenua 11 Lake Block (2020) 415 Aotea MB 1 (415 AOT 1) 437 Aotea MB 88 As they had never been removed from office per s 240 of Te Ture Whenua Māori Act 1993, cl 2...

7. LCRO 86/2022 PR v KG and VW (12 November 2024) [pdf, 499 KB]

   ...are:5 – A review of Mr KG’s conduct. – A review of [her] bill and costs incurred due to KG KG’s termination. – A review of [her] email dated 21 December 2019 and Mr VW’s failure to address [her] legitimate concerns. Mr KG’s response [34] Mr KG responded to the complaint, enclosing a copy of his letter to Mr VW after Mr VW had received Mrs PR’s complaint earlier in the year. 4 Standards Committee determination (12 May 2022) at [65]. 5 PR complaint (9 Apri...

8. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 66 KB]

   ...the Report on Combating and Preventing Maori Crime, produced by the former New Zealand Police Commissioner, the police had taken a number of initiatives. They included mandatory human rights training for staff; the review of the strategy on police responsiveness to Maori; the development and implementation of a crime reduction strategy in conjunction with Maori organizations (iwi); further training for iwi liaison officers; and the development of a national Maori warden project. The legisl...

9. [2014] NZEmpC 136 Rainbow Falls Organic Farm Ltd v Rockell [pdf, 128 KB]

   ...your holidays and rest days. And you’d agree with that? A. Correct. … Q. You were effectively in complete control of the days and hours that you worked? A. Yes. [27] It is clear that Mr McKenzie relied on Mr Rockell to take responsibility for managing his own leave and keeping track of his entitlements. This was based on the fact that Mr Rockell was the only person in a position to know what days were worked or not worked, having regard to his role as sole f...

10. [2013] NZEmpC 238 AsiaCiti Trust NZ Ltd v Harris [pdf, 159 KB]

    ...[11] There was a conflict in the evidence between Ms Willis, the sole witness for the plaintiff, and Ms Harris as to the extent of her duties with Asiaciti in the context of the restraint. Ms Willis stated that Ms Harris: a. Had “primary responsibility for five of the plaintiff’s largest clients”; b. “Responsibility for a number of other smaller clients and their trusts”; c. “Direct visibility of Asiaciti’s entire client base”;