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1. KD v QX Ors [2019] NZDT 1605 (26 September 2019) [pdf, 201 KB]

   ...other), with QX & TX’s son. He states nothing happened and nobody would get back to him. Further, he states because of the seriousness of the water situation he texted QX on 16 March 2019 and emailed the farm consultant stating he could not be responsible for milk grades. He states the milk grade being a bactoscan reject on 10 April 2019 was most likely caused because of the water problems. He states there was a power cut that day but there was no temperature alert on the milk picku...

2. 2023-09-26-SOE_-Mike-Thompson_Water-Abstraction.pdf [pdf, 193 KB]

   ...added to the table row relating to the Waitohu Stream abstraction: Note: The stream flow data for the Waitohu Stream at WSI gauging site can be accessed at Wellington Regional Council’s website (www.gw.govt.nz). It is the consent holder’s responsibility to regularly check the website to ensure compliance with this condition. Daily published flow values on the GWRC website are the official source of information for consent holders and the wording I have suggested here is in...

3. 2024 NZPSPLA 024 pdf [pdf, 168 KB]

   ...before entering such a premise and they attend regularly. [10] Ms Roberts submits that Mr SW had misunderstood the Police warning the week prior and genuinely did not understand the law at the time. She submits that he has since accepted full responsibility and worked hard to upskill to ensure such a situation does not occur again. [11] Section 267 of the Sale and Supply of Alcohol Act 2012 states that a constable or an inspector may at any reasonable time enter and inspect...

4. [2025] NZEmpC 47 NYF Ltd v Zhang [pdf, 196 KB]

   ...Authority’s usual closing time.9 It determined that costs should not be reduced as a result of any offers made between the parties to settle the proceedings.10 It accepted that the proceedings had become unduly complex but stated that both parties were responsible in part for that.11 Although it accepted that Mr Nie had been successful in defending his position, Mr Nie was not awarded costs because of his close relationship with NYF.12 More generally, the Authority accepted that...

5. Auckland Standards Committee 2 v Burcher [2018] NZLCDT 42 [pdf, 111 KB]

   ...costs follow the event. [36] The current matter is a long way from acquittal, and although we have adopted a more sympathetic view of the context of the conduct than argued by the Standards Committee, we certainly consider the practitioner’s responsibility for his deliberate actions ought to be reflected in a contribution to costs. He made a poor call not to tell Mr Eades, and there is no reason why other members of the profession ought to fully pay for the consequences of that d...

6. Auckland City Council as Assignee v Russell [pdf, 126 KB]

   ...Determination 21 September 2005 1. Index Para No Heading Page 1. Index 1 2. Summary of Determination 1 3. Adjudication Claim 2 4. The Hearing 4 5. The Present Claim 5 6. Leaks, Damage and Repairs 6 7. General Damages 7 8. Present Claim 8 9. Response 8 10. Fair Trading Liability 9 11. Personal Liability 15 12. Damages 21 13. Entitlement to General Damages 26 14. Jurisdiction 28 15. Result 29 Notice 30 2. Summary of Determination 2.1 The claim which originated...

7. TR v NI LCRO 109 / 2011 (21 February 2013) [pdf, 199 KB]

   ...who in a letter dated 19 October 2007 rejected the review of their report as incomplete, biased, factually incorrect and false in its conclusions. They stood by their report and recommendations but nevertheless waived a portion of their fee in response to the complaints. In addition, they suggested that one option available to TR and TS was to engage other consultants in connection with the development. 3 [11] TT referred the matter to NI who reviewed the materia...

8. LCRO 217/2017 PY v SD [pdf, 395 KB]

   ...and diligence that a member of the public is entitled to expect of a reasonably competent lawyer. (4) Discussion [86] As explained in the “Standard Explanation of effects and implications of an [EPA] in relation to property” the roles and responsibilities of the donor, on the one hand, and the attorney, on the other, are by their very nature markedly different.33 [87] The tasks required of a lawyer who acts as an independent witness include explaining the effects and implica...

9. LAP contract for services [pdf, 753 KB]

   ...the Secretary within 15 Working Days of the date of receiving the Complaint. 9.1.3. The Secretary may ask questions, or seek further information, about a Complaint from the Provider. The Secretary must specify the timeframe for the Provider’s response, which must be at least 10 Working Days from the date of the request. The Provider must respond within the timeframe or any extension agreed by the Secretary. 9.1.4. The Secretary will give the Provider the opportunity to make submi...

10. Lewis & Anor as Trustees of the Warren and Bronwyn Lewis Family Trust v Auckland City Council [pdf, 115 KB]

    ...of a dwelling house located at 41a Panapa Drive, St Johns, Auckland (“the dwelling”). [2] The remaining Respondents are: (a) Tim Rynbeck Holdings Limited – the Third Respondent (“Rynbeck Holdings”), the incorporated company responsible for constructing the dwelling. (b) Martin John Rynbeck – the Fourth Respondent (“Rynbeck”), the director and shareholder of Rynbeck Holdings. (c) Premier Roofing Products New Zealand Limited – the Eighth Resp...