Search Results

1. Aitken v Laudermilk [pdf, 21 KB]

   ...Laudermilks never undertook any groundwork on site. Nor did they place any soil against the cladding, with the exception of the path and terrace. However if it turns out that the Laudermilks, rather than Mr Rule, laid the tiles, the Laudermilks will have responsibility for the consequences of that decision Contributory Negligence In following the decision in Sunset Terraces, the Tribunal held that the claimants were not negligent in not obtaining a pre-purchase report. Moreover...

2. Chapman v Western Bay of Plenty District Council [pdf, 76 KB]

   ...accepted was due to his carelessness were limited. The Tribunal therefore held Mr Braddock liable for 10% of the remedial costs Liability of Mr Flett – director of plastering company The Tribunal found that most of the plastering defects was the responsibility of the plastering company. But as Mr Flett was responsible for managing the company to ensure that all items were sealed, he was liable for 10% of the remediation costs Quantum The Tribunal allowed the claimant’s claim to...

3. Minute Mediation primary Sector Topic 26 May 2021 [pdf, 170 KB]

   ...mediated in and the time allocated for each topic. Parties will appreciate that the mediation of individual topics may proceed either more quickly or more slowly than allowed for and should be prepared to be flexible with attendance arrangements in response to communications from Council regarding progress. Mediation logistics [6] The Council will provide a support person at all mediations to assist with the drafting of mediation agreements, accessing documents, and communicating...

4. 2021-05-27 Minute Mediation of Primary Sector Topics [pdf, 171 KB]

   ...mediated in and the time allocated for each topic. Parties will appreciate that the mediation of individual topics may proceed either more quickly or more slowly than allowed for and should be prepared to be flexible with attendance arrangements in response to communications from Council regarding progress. Mediation logistics [6] The Council will provide a support person at all mediations to assist with the drafting of mediation agreements, accessing documents, and communicating...

5. Canterbury Westland Standards Committee 1 v Allan [2019] NZLCDT 35 [pdf, 85 KB]

   ...3 [5] Counsel for Mr Allan also submits that he should not pay the Standards Committee’s costs in respect of charges 1 and 7. As to charge 1, the submission is that the charge was dismissed. The Tribunal found that Mr Allan had acted responsibly and professionally for his client and that the complaint may have arisen out of the client’s state of mind. [6] As to charge 7, the submission is that this complaint did not fit the pattern of the other complaints. The allegati...

6. 20-05-13 Coroners Court alert level 2 protocol [pdf, 189 KB]

   ...hearings iii. Limiting the number of witnesses via the use of agreed facts. c. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately. Community Transmission response 10. 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 the Court will rely on official advice. Steps may be taken to...

7. [2019] NZEmpC 111 Ward v Concrete Structures (NZ) Ltd [pdf, 160 KB]

   ...usual course. I am not satisfied, on the basis of the information before the Court, that an award of actual or uplifted costs is appropriate and I decline to award them. [6] The parties are at odds over the steps that were reasonably required in response to the application to extend time. Having reviewed matters, I am satisfied that the relevant steps are: (a) The preparation, filing and service of a notice of opposition, together with an affidavit in support; (b) t...

8. Traumatic Brain Injury and people in the justice system (A3 infographic) [pdf, 375 KB]

   ...These findings are not Official Statistics. The opinions, findings, recommendations, and conclusions expressed are those of the researchers, not Statistics NZ. What next? Using this information about TBI, we can work towards a more trauma responsive Justice System. This analysis will help underpin policy advice provided as part of the Humane and Effective Justice programme. The findings will provide the basis for further investigation into how the Justice System can...

9. 2022 February - Family Violence Provider Update [pdf, 121 KB]

   ...programme sessions remotely. • If you are having staffing issues you can postpone programmes for low risk clients and have short check in calls instead while you prioritise high risk clients. We want to encourage you to be flexible, pragmatic and responsive while we get through this. Please make sure to take care of yourselves and if you are struggling please get in contact with your contract manager and we can help create a plan. Bulk funding February to June 2022 We are plea...

10. [2022] NZEmpC 81 Honeybunch Pure Naturals NZ Ltd v Niekerk [pdf, 164 KB]

    ...shortcomings that were identified previously. It does not, for example, identify a cause of action arising from the Authority’s findings but instead concentrates on criticisms of the procedure used by the Authority. [7] Ms van Niekerk’s response was to seek to strike-out the statement of claim. That application to strike-out was opposed. [8] This morning Mr Lynch, who appears for Ms van Niekerk, made submissions supporting the application seeking to strike-out the claim....