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1. KM v BE [2022] NZDT 25 (29 April 2022) [pdf, 196 KB]

   ...guarantee, or the size or height or method of attachment of the goods makes the cost of transporting the significant, in which case CI0301_CIV_DCDT_Order Page 3 of 4 the supplier must collect the goods. Section 22 (2) provides that it is the responsibility of the consumer to return the goods unless they have already been returned to or retrieved by the supplier. 15. In this case, KM became aware of the defect with the product within 5 days of her purchase and she advised BE...

2. CN v C Ltd [2022] NZDT 57 (18 February 2022) [pdf, 146 KB]

   ...pay the $11,352.28. 4. The issues to be determined are: a) Did the exclusion for “use of the incorrect fuel type” apply? b) Did the company have a duty to warn its customers regarding DEF? c) What is the cost of repairing any damage? Who is responsible for that cost, or should the cost be apportioned between the parties? Did the exclusion for “use of the incorrect fuel type” apply? 5. The consumer submitted that the exclusion for “use of the incorrect fuel type” did not...

3. 2023 February Family Violence Provider Update [pdf, 150 KB]

   ...organisation to do this. At the same time, the Ministry is working towards implementing these frameworks as they relate to non- specialists, for our own workforce and the wider courts workforce, under Te Aorerekura Actions 11 and 15. Our priority is FVSV response training for the court workforce, which includes all frontline Ministry employees. Thank you to all of you who took the time to respond to our Request for Information about establishing a national infrastructure to deliver t...

4. HD v BF Ltd [2022] NZDT 183 (4 October 2022) [pdf, 96 KB]

   ...$6,900 including GST, resource consent application fee $690 including GST. Prepaid $5,865 (30% of the total cost). Please reply and send me your billing account at the same time.” 10. The designer simply replied, “Thank you”. I find that this response implicitly accepted the client’s interpretation of the contract fees as covering Council fees as well as the design charge. Since this exchange occurred before the client signed the contract, it must be taken into account when inter...

5. [2023] NZEnvC 070 Canterbury Regional Council [pdf, 211 KB]

   ...application dated 29 March 2023 at [3(f)], [3(h)]. 4 outlining an interest in the proceeding greater than that of the general public. [9] It seeks a waiver of the timeframe on the basis that this would not cause prejudice to any party.4 The responses to the applications for waiver [10] The following parties consent to, or do not oppose the applications for waiver by Ngā Rūnanga: (a) New Zealand Fish and Game Council;5 and (b) Manawa Energy Limited.6 [11] There has been n...

6. QL v GT Ltd [2022] NZDT 129 (9 September 2022) [pdf, 96 KB]

   ...disprove a business’s assertion that sufficient precautions were taken, so it makes more sense for the default position to be that a business bears the risk of its own systems being compromised. If a customer is shown to have been negligent, the responsibility may be shared or the business may even be exonerated from responsibility, but otherwise the business that was hacked should generally bear the loss. c) As a consumer, QL cannot be expected to have the same awareness of BEC fraud...

7. [2023] NZEmpC 53 Halse v Employment Relations Authority [pdf, 199 KB]

   ...judicially review amount to SLAPP (strategic lawsuit against public participation) litigation against him and that the courts should not be permitting it. [10] Ms Taylor, counsel for the Authority, filed a memorandum (dated 23 November 2022) in response to the application and appeared for the purposes of providing 3 Halse v Employment Relations Authority [2023] NZEmpC 38. Those proceedings involved the Rangiura Trust Board. 4 Halse v Employment Relations Authority [2023] NZEmpC...

8. IACDT annual report 2021 [pdf, 276 KB]

   ...urged to consider a stiffer sanctions regime. The various COVID-19 lockdowns had little effect on the work output of the Tribunal as the registry staff and myself worked effectively from home. The Ministry of Justice is to be applauded for its response to the pandemic in keeping the Tribunal running smoothly. JURISDICTION AND GENERAL INFORMATION Establishment and Function of the Tribunal The Tribunal is based in Wellington. It was established in 2007 by s 40 of the...

9. Hayward v Barnardos NZ Inc (Jurisdiction) [2022] NZHRRT 22 [pdf, 142 KB]

   ...DATE OF DECISION: 30 June 2022 DECISION OF TRIBUNAL1 Background [1] On 13 March 2021 Ms Hayward made an access request to Barnardos New Zealand Incorporated (Barnardos) under the Privacy Act 2020 (PA). Following Barnardos’ response, on 10 April 2021 Ms Hayward emailed a list of her concerns to Barnardos. As she continued to be dissatisfied with Barnardos’ reply to her PA requests Ms Hayward 1 [This decision is to be cited as Hayward v Barnardos NZ Inc (Jurisdi...

10. [2022] NZREADT 17– Zhang v REAA (31 August 2022) [pdf, 175 KB]

    ...unfortunate that the emails apparently went to “spam” and that the reminder letter posted on 9 May 2022 was not seen by her until after her licence had been cancelled as she was hospitalised then, returning home on 26 May 2022. It is Ms Zhang’s responsibility to ensure she receives both email and postal correspondence. She does not dispute that the correspondence was sent to her electronic and postal addresses registered with the Authority. [23] Unfortunately, the tough...