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1. LCRO 222/2018 TE v KT and RG (18 March 2019) [pdf, 100 KB]

   ...sustained losses attributable to Mr KT as counsel, and Mr RG his instructing solicitor. Mr TE contends it will be apparent from any inquiry that: (a) on many occasions Mr KT did not reply to his complaint; (b) at the eleventh-hour Mr KT denied responsibility and attached his defence to Mr TE’s civil claims; (c) Mr KT offered no evidence to counter Mr TE’s claims of serious malpractice; (d) it is imperative that the Committee protect the public by inquiring into and determin...

2. LCRO 209/2016 YH v SM (27 November 2018) [pdf, 144 KB]

   ...something of an exaggeration to convert this to the statement that the claim was defective. [20] Mr SM submits that by issuing proceedings against Mr YH, Mrs YH’s negotiating position was significantly improved. That cannot be disputed. [21] In response to a question from Mr Vaughan during the hearing, Mr DW asserted that neither Mr NS or Mr SM had told them that part of Mrs YH’s claim could be out of time and they were taken by surprise at the settlement conference when Mr SM...

3. IACDT annual report 2017 [pdf, 181 KB]

   ...applications prepared offshore. Given the maturity of the profession, it may be appropriate to consider a change of policy. Rather than prohibition on using unlicensed personnel, making licensed immigration advisers supervise the work, and take responsibility for it may be a better approach. In New Zealand, other professions operate in that way. The supervision is more or less direct, depending on the profession and the service. For licensed immigration advisers supervising offsho...

4. IACDT annual report 2018 [pdf, 183 KB]

   ...applications prepared offshore. Given the maturity of the profession, it may be appropriate to consider a change of policy. Rather than prohibition on using unlicensed personnel, making licensed immigration advisers supervise the work, and take responsibility for it may be a better approach. In New Zealand, other professions operate in that way. The supervision is more or less direct, depending on the profession and the service. For licensed immigration advisers supervising offsho...

5. [2022] NZACC 17 - Bellamy v ACC (27 January 2022) [pdf, 187 KB]

   ...Bellamy is given authority to act on his behalf. The form also contains a “client representative declaration” dated 4 April 2013 by Maraea Bellamy. [9] It is apparent that Mrs Bellamy has added the following narrative to the ACC form in response to the question why is the client unable to sign this form? The client can sign. The client wishes to allow me to (a) collect information on his behalf, when necessary (b) discuss his case with ACC, when necessary (c) act as his...

6. NB v UJ Ltd [2021] NZDT 1498 (23 April 2021) [pdf, 187 KB]

   ...properties neighbouring the area in which they are working. That duty requires them to take reasonable care to avoid damaging neighbouring properties and goods on those properties whilst carrying out their work. 5. UJ LTD maintains that it is not responsible for the damage to NB’s car as it could not prevent the concrete from splashing. At the hearing Mr S, UJ LTD’s Health and Safety Manager, explained that UJ LTD does not prepare the concrete and must use the concrete mix that it...

7. WH v SS Ltd [2019] NZDT 1459 (26 March 2019) [pdf, 218 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 7. KF on behalf of SSH states that SSH did all it could to locate WH pants in accordance with the hotel’s lost property policy. KF says that under the hotel’s terms and conditions, it does not take any responsibly for guests’ personal property. 8. I am satisfied that SSH are innkeepers under the IKA as I was told SSH is the proprietor of the HB Hotel. 9. As sleeping accommodation had been engaged for WH and her satin slouch pants we...

8. [2021] NZEmpC 156 Butt v Attorney-General sued on behalf of the Ministry of Health [pdf, 238 KB]

   ...September 2021 REASONS FOR JUDGMENT OF JUDGE KATHRYN BECK [1] This is an application by the Attorney-General on behalf of the Ministry of Health and the Minister of Health to exclude particular affidavit evidence filed in response to his application to strike out or dismiss proceedings filed by Mr and Mrs Butt. Background [2] Mr and Mrs Butt discontinued earlier proceedings against the Ministry and Minister of Health after reaching a settlement at a judicial...

9. DM Ltd v GD Ltd [2022] NZDT 188 (30 September) [pdf, 99 KB]

   ...The claim against the tenant must therefore be dismissed. Is the landlord contractually liable for the damage? 9. Under clause 1.7(b) of an agreement signed by the landlord when DM Ltd set up internet for the building in 2015, the “owner” is responsible for “all damage which the owner or any person under the owner’s control causes” to DM Ltd equipment. 10. The clause is ambiguous in that “cause” could involve being at fault in some way, or could simply mean being part of...

10. [2023] NZEnvC 072 Whangarei District Council v Robinson [pdf, 248 KB]

    ...incurred, including travel and photocopying. Mr Robinson submitted that the costs and losses were a direct result of the Council’s wrongful action of making an unsupported claim and therefore claims the total costs and losses. The Council’s response The Council filed a memorandum in response on 6 April 2023 opposing the costs sought by Mr Robinson. The Council submitted that: (a) costs should lie where they fall following the Court’s Practice Note 2023 as the matter...