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1. QS v DG [2023] NZDT 302 (2 August 2023) [pdf, 174 KB]

   ...costs to maintain the tree. It wrote that the tree does not require much work as it is a good specimen with no significant faults. It concluded that the tree was a “local iconic specimen tree”. 7. DG, although the owner of the tree and responsible for its general maintenance, is bound by the subdivision consent requirement that protected the tree. She provided evidence that she had engaged an arborist over many years to prune and trim the tree. However, she said she had done...

2. [2024] NZEnvC 130 Yzendoorn v Hamilton City Council [pdf, 245 KB]

   ...[1]– [6]. 3 increasing the hearing time. [8] Ms Forret submitted that the costs sought are reasonable and could have been avoided if the Council had taken a different approach to the issues arising in this proceeding. The Council’s response3 [9] The Council submitted that costs should lie where they fall. [10] Mr Muldowney submitted that an award of indemnity costs is not justified in this case. He also submitted that the bar to award higher than standard costs h...

3. D Ltd v KL [2023] NZDT 684 (21 December 2023) [pdf, 119 KB]

   ...acknowledged that issues had been raised in June, and also that it had responded on 18 December by email stating in part: “You got exactly what you paid for. The work done on it was worth more than the car. See you in Court.” I accept that this response is entirely inconsistent with offering up any remedial solution. Furthermore, it subsequently sent highly offensive, concerning and unprofessional emails to KL which made it plain it was not willing to engage. 14. As I have not acc...

4. [2024] NZIACDT 09 – ZR v Kim (4 March 2024) [pdf, 98 KB]

   ...he departed on 16 July 2023. Decision of the Tribunal [8] It was found by the Tribunal that Mr Kim: (1) Failed to engage directly with the complainant before the latter signed the client agreement by explaining the summary of professional responsibilities and how to access the Code, in breach of cl 17(b) of the Code. 1 ZR v Kim [2024] NZIACDT 6. 3 (2) Failed to directly explain to the complainant all significant matters in the client agreement before it was signed, i...

5. 2023 NZPSPLA 074 [pdf, 141 KB]

   ...[redacted] Group Ltd could consider rewording the plan. [19] I accept FD’s concerns for the ID were justified.2 I also accept the evidence that he handed it to the first Police Officer he met that night. As I said earlier where he did fail in his responsibility was in telling X that he was leaving the bar and would take the ID with him and give it to the Police. [20] I find it more likely than not that FD did reference the Crimes Act penalty for the making of a forged ID, mor...

6. 2023 NZPSPLA 060 [pdf, 98 KB]

   ...taking on such an investigation to ensure nothing is missed. It is a necessary function of a security company that they have a robust investigative process should someone complain about one of their staff. A security worker is in a position of responsibility and must be held accountable for their actions in dealing with the public. [13] It is also essential that officers of security companies do not wilfully mislead the Authority. The Authority is the governing body authoris...

7. 2023 NZPSPLA 060 [pdf, 120 KB]

   ...taking on such an investigation to ensure nothing is missed. It is a necessary function of a security company that they have a robust investigative process should someone complain about one of their staff. A security worker is in a position of responsibility and must be held accountable for their actions in dealing with the public. [13] It is also essential that officers of security companies do not wilfully mislead the Authority. The Authority is the governing body authorised to...

8. [2023] NZEnvC 213 Clutha District Council v Otago Regional Council [pdf, 219 KB]

   ...instructions”.18 Port Blakely Limited [13] The Regional Council records that the District Council has served the proceedings on PBL, the owner of the land upon which the dam is situated. The application for stay and supporting affidavit state PBL is responsible for the actions required by paragraphs (1)(a)(ii), (b), (c) and (d) of the abatement notice and that it is attending to those matters. [14] At present, PBL does not have any formal standing in this proceeding. The cou...

9. [2023] NZEnvC 215 Whangarei District Council v Gorbatchev [pdf, 196 KB]

   ...or unmeritorious point and fails; and (f) whether any party has been required to prove facts which, in the Court’s opinion having heard the evidence, should have been admitted by other parties. Evaluation [17] I consider the Council acted responsibly in bringing the proceedings. I would have thought it would have been obvious to Mr Gorbatchev that he could not recommence bringing whiteware and appliances to the property however he did. [18] This was a flagrant breach of the...

10. EI v EE Ltd [2024] NZDT 529 (3 July 2024) [pdf, 182 KB]

    ...maintains it operates quality and compliant food safety controls but accepts human error did result in the wrong food being supplied to EI and her husband. Having waived a range of account charges for EI however, EE Ltd believes it has met its legal responsibilities for compensation. 4. The issues to be resolved are: a. Were breakfast services provided with reasonable care and skill? b. If not, is EI entitled to $10,000.00 as claimed, or to any other sum? Were breakfast services...