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1. Te Manutukutuku Issue 8 [pdf, 2.4 MB]

   ...Ngai Tahu's loss has been great and continuing. The honour of the Crown can only be restored by a settlement which recognises the magnitude of Ngai Tahu's great deprivation, sustained over more than a century. Only a large and generous response by the Crown will suffice to redress the wrongs done to Ngai Tahu and lay their numerous grievances to rest. No less will serve to restore the honour of the Crown.' The report is the culmination of a three-year inquiry by a seven...

2. [2020] NZEmpC 79 Kim v Smile Devon Ltd [pdf, 226 KB]

   ...business, and the name of Mr Choi’s wife as the contact person for inquiries. She says this information clearly indicates that this is SDL’s business. [27] She goes on to state that the restaurant is SDL’s only asset. She says that in response to her raising the personal grievances, the respondent is attempting to sell its only asset and to dispose of the proceeds so that she could not be paid her entitlements if she succeeds in her claims before the Authority. [28] In his...

3. KC v UD [2021] NZDT 1556 (8 September 2021) [pdf, 158 KB]

   ...there is an Initial Disclosure Document issued by [the financier] and apparently signed by UD. KC says this document would not have been issued unless finance had been approved, and that therefore this proves that the finance had been approved. In response, UD says he signed documents presented to him relating to his application for finance. I do not have sufficient confidence in KC’s knowledge of the documentary process in finance applications to rely on his evidence in this respect....

4. [2021] NZEnvC 153 Remediation (NZ) Limited v Taranaki Regional Council [pdf, 178 KB]

   ...Tupper’s interest is within the jurisdiction of this Court. It submits that Mr Tupper is seeking a determination that RNZ is in breach of the Fair Trading Act 1986 and that this is outside the Court’s jurisdiction.14 Mr Tupper’s further response [16] Following receipt of memoranda from the parties, Mr Tupper was given a further opportunity to clarify and expand on the nature of his interest, and how that interest aligns with the case law. [17] Mr Tupper stated15 that his...

5. FC Ltd v TN & JM [2021] NZDT 1626 (10 August 2021) [pdf, 188 KB]

   ...do the asbestos testing. [16] Having ratified the contract that EL made with JD, TN & JM are jointly liable with FC LTD to pay JD’s fee. I consider it reasonable in the circumstances that they share that cost equally. FC LTD’s share of responsibility rests on its unauthorised engagement of JD; and TN & JM’s responsibility is the result of their permitting the work to be done in circumstances that should have put them on enquiry about the contract that had been made. TN &a...

6. GN & GO v LQ Ltd Power Company U [2022] NZDT 121 (24 August 2022) [pdf, 219 KB]

   ...should have done more to help them when they realised that they were unable to connect to the dropbox. 13. The Applicants have not satisfied me that Power Company U have breached any obligation that they had to the Applicants. Power Company U is not responsible for the infrastructure for the service and the lack of fibre connection is not their responsibility. Further, Power Company U referred me to clause 3.6 of the service terms and conditions which makes it clear that they do not gu...

7. Legal Aid Practice note - November 2022 [pdf, 389 KB]

   ...the Act on receipt of reasons why waiver is just or appropriate in the circumstances. Section 15(5) 28. An application for review for a person who, due to mental or physical infirmity, is incapable of completing an application may be made by any responsible person (including an officer of the Public Trust) with sufficient knowledge of the applicant’s affairs. Clause 17, Regulations 29. An application by a person who is not resident in New Zealand may be made by the applicant’s lawye...

8. National Standards Committee 2 v Mr Y [2023] NZLCDT 1 (12 January 2023) [pdf, 163 KB]

   ...submitted that 12 months was appropriate, having regard to similar cases. 2: Aggravating features [9] There are no aggravating features. 3: Mitigating features [10] There are a number of mitigating features. Firstly, the practitioner took responsibility and admitted misconduct at an early stage. He has at no time attempted to minimise the seriousness of his misconduct and has apologised and shown significant remorse for his wrongdoing. [11] Secondly, the practitioner has...

9. MVDT Annual Report 2020-2021 [pdf, 360 KB]

   ...BMW 320i, where the Tribunal rejected an argument by the trader’s director Treat Mahara (also known as Tony Surano) that he sold Mr Singh a vehicle “personally” on an as is where is basis. Apart from the fact that traders cannot evade their responsibilities to provide guarantees and remedies under the Consumer Guarantees Act 1993 by using phrases such as “as is where is”, a document signed by Mr Mahara expressly stated that Mr Singh had bought the vehicle from TM Trading Gro...

10. Anti-Money-Laundering-and-Countering-Financing-of-Terrorism-Definitions-Amendment-Regulations-2023.pdf [pdf, 1 MB]

    ...The Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the AML/CFT Act) is a risk-based regime that detects and deters money laundering and terrorism financing and implements relevant international obligations. 4 In July 2022, in response to criminal activities and harms caused by gangs, Cabinet agreed to a package of legislative changes. The package included an amendment to the AML/CFT Act to prohibit cash payments for ‘specified high value goods’ over a prescribed...