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1. Maori Land Court COVID-19 Level 2 protocol 7 September 202 [pdf, 181 KB]

   ...c. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately. https://covid19.govt.nz/alert-levels-and-updates/legislation-and-key-documents/#covid-19-public-health-response-act-orders-and-notices Community transmission response 25. At Alert Level 2, it remains possible that a new cluster of Covid-19 community transmission may be confirmed within the location served by a courthouse. In that event t...

2. SA v TD & I Ltd [2021] NZDT 1646 (4 October 2021) [pdf, 139 KB]

   ...TD’s driving was a cause the collision because he attempted to pass SA’s car but was unable to complete the manoeuvre safely. 4. The relevant law is the law of negligence. Drivers must take reasonable care in operating their vehicle and are responsible for any reasonably foreseeable damage suffered as a result of a failure to do so. The duty to take reasonable care includes a duty to follow the Land Transport (Road User) Rules. 5. Land Transport (Road User) Rules, rule 2.6 deal...

3. [2022] NZEnvC 158 Thames-Coromandel District Council v Hopwood [pdf, 424 KB]

   ...accordance with the requirements of the storage facility. (e) The three (3) month period in [3](d) above commences on the date that items are first moved to the storage facility. Before the expiry of the three (3) month period, the Respondent is responsible for retrieving all items from the storage facility or, if he wishes the items to remain in the storage facility after that period, is responsible for funding the cost of the ongoing use of the facility. (f) In complying with the En...

4. Bogusz v Accident Compensation Corporation (Suspension of Entitlements) [2022] NZACC 157 [pdf, 226 KB]

   ...manager emailed the appellant’s GP, Dr Amso, as follows: Regarding the neck sprain and right shoulder sprain covered as a result of this accident on 25/09/2019, would you agree that this injury would have resolved by now? [15] Dr Amso’s response was: …I think it should resolve by now and he is taking pain killers as prescribed with the ongoing physiotherapy. … I do not (know) why he is complaining from pain symptom. ACR 259/21 [16] ACC sought an opinion from its...

5. [2023] NZEnvC 018 Aokautere Land Holdings v Manawatu-Wanganui Regional Council [pdf, 208 KB]

   ...Council's position was for the abatement notices to stay in place; • On 29 July, Mr Fugle emailed the Council advising that he was drafting an appeal against the abatement notices; • On 31 July, the Council emailed Mr Fugle with a full response (including reasons) declining his request to cancel the abatement notices; • On 2 August Mr Fugle emailed the Council a draft affidavit relating to the appeal against the abatement notices; • On 21 August an appeal against both...

6. NX & PX v Airline X [2022] NZDT 181 (28 September 2022) [pdf, 214 KB]

   ...carrier under the Montreal Convention. The applicants booked directly with [Airline X] and did not have any contract with any other carrier apart from [Airline X]. The ticket booked was for travel from [City A] to [City B]. 17. [Airline X], in its response to the applicant’s complaint on 25 June 2022 suggested that the applicants contact [Airline Y] as they were the operating carrier for the flight that was delayed or cancelled, and [Airline X] was not responsible for the failure b...

7. SC v CX [2022] NZDT 116 (2 August 2022) [pdf, 204 KB]

   ...the holiday home was reasonably clean and the claim is dismissed. However, had I found that the holiday home was not reasonably clean I would have to consider if SC advised CX of all the issues at the time. As set out in para (10) above, CX is only responsible for remedying issues that he is made aware of at the time. 19. SC told me he ‘phoned CX as soon as they checked in but got no response. I have seen the text message that was sent the next day. The message refers to cobwebs and...

8. O Ltd v DI [2022] NZDT 67 (29 March 2022) [pdf, 166 KB]

   ...November 2021 DI enquired about the services of O Ltd by filling in a case form on O Ltd.’s website. O Ltd provides employment advocacy services and DI was facing a difficult situation in her workplace, about which she needed to provide a written response to her employer later that week. DI’s enquiry prompted an automatic email to be sent to her, which included O Ltd.’s Terms of Engagement in the form of a PDF file attachment. 2. B of O Ltd phoned DI that same afternoon and a time...

9. [2023] NZEnvC 046 Save the Maitai Incorporated v Nelson City Council [pdf, 246 KB]

   ...the summons to be made now rather than later in the proceeding. This will allow time for statements of evidence to be prepared, and issuing a summons at this point will allow Mr Ridley to be involved in expert conferencing. Other parties’ responses CCKV-BN [10] Counsel for CCKV-BN submits that it would be inefficient and unfair to witnesses and parties for a witness summons to be issued at this time. Mr Maassen 5 suggests an alternative approach whereby the summons requ...

10. [2024] NZEmpC 158 Chain & Rigging Supplies Ltd v Nikorima [pdf, 229 KB]

    ...continue their discussions. She indicated that the parties agreed that in the meantime, no further steps would be taken in either the Employment Relations Authority or the Court during this period. Accordingly, I suspended the timetable for filing a response and requested that a further memorandum be filed by 5 April 2024. [9] On 27 March 2024, the parties jointly requested a further extension until 13 May 2024 because discussions were continuing. This was granted. A subsequent...