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1. NQ v OW Ltd [2021] NZDT 1604 (28 June 2021) [pdf, 237 KB]

   ...with contracts for the carriage of goods. 9. Part 5, subpart 1 of the CCLA applies to all domestic carriage of goods within New Zealand. The CCLA provides for four different categories of contracts, and the extent of an individual carrier’s responsibility for damage to goods depends upon which kind of contract governs the particular case. 10. It was not disputed that this contract was a contract at owners’ risk. NQ had taken out insurance to cover damage or loss of items dur...

2. DX v OI Ltd [2019] NZDT 1529 (24 October 2019) [pdf, 146 KB]

   ...To justify sale of the car, OI pointed to an email DX sent on 17 August 2018 stating, “The contents of the car should cover your costs.” However, this statement was made in the context of DX continuing to contest liability for the costs, and in response to OI’s warning that it would refer any balance owing after sale of her car to Baycorp, and that DX’s credit rating could be affected. 19. DX had previously stated numerous times that OI had no right to sell her car. For example,...

3. [2021] NZEmpC 118 A v Ms B [pdf, 249 KB]

   ...three signatories for all financial transactions. (c) The BDO report establishes that significant sums of money were misappropriated from A’s bank accounts from January to June 2021. (d) The report finds that Ms B was most likely the person responsible for these defalcations because in summary: (i) Four of the six accounts into which alleged misappropriated funds were paid can be linked to her. (ii) Ms B alone approved all alleged misappropriated payments for the accounts th...

4. Maritime Powers Bill [pdf, 151 KB]

   ...activities, and are subject to being boarded and having their identity verified by official vessels under the United Nations Convention on the Law of the Sea (UNCLOS).10 The use of these powers is necessary to ensure that New Zealand can carry out its responsibilities concerning the control of ships without nationality on the high seas, in accordance with obligations as a signatory of UNCLOS. Internal searches and collection of biometric information 21. Clauses 21 and 28 of the Bill sp...

5. [2021] NZEnvC 123 Wyuna Preserve Residents Association Incorporated v Queenstown Lakes District Council [pdf, 303 KB]

   ...decision and any reply within a further five working days. For the court ______________________________ J J M Hassan Environment Judge 8 Annexure 1 37 Designations 37.2 Schedule of Designations No. Map No. Authority Responsible Purpose Site/ Legal Description and Conditions 239 9, 25a Queenstown Lakes District Council Local Purpose Reserve (Airport) Glenorchy Aerodrome, Section 11 Survey Office Plan 443869. For conditions refer to C...

6. Wharekura v Skerrett-White - Kawerau A8D (2021) 263 Waiariki MB 71 (263 WAR 71) [pdf, 226 KB]

   ...seek directions or legal advice before acting. [6] The reservation trustees therefore seek directions as to: (a) Whether the funds can be paid to another entity, namely the settlement trust, and to ensure that they have correctly discharged their responsibilities? (b) If the funds are held by the reserve trust, on what terms should they be held and is a document required to outline such conditions? (c) Do the trustees need to report to the beneficiaries before taking any steps to tr...

7. [2021] NZSSAA 2 (12 March 2021) [pdf, 224 KB]

   ...looked at the legislation to the extent that it was included in the Ministry’s submissions. Discussion [18] Section 115 of the Public and Community Housing Management Act 1992 requires a tenant in social housing to promptly advise the agency responsible of any change in circumstances likely to result in higher rent or the person no longer being eligible for social housing. The appellant did not advise the Ministry that she was working during the relevant period or that she was...

8. [2022] NZIACDT 18 - TQ v Gibson (25 July 2022) [pdf, 209 KB]

   ...busy at the time, being the only person in a new business she had taken over. [38] While Ms Gibson’s workload is a plausible reason, it is not a justification for her failure to attend to the complainant’s matter. As a professional, she is responsible for regulating her workflow so all work can be attended to with diligence and due care. [39] The failure to reply to the PPI letter shows a lack of professionalism, diligence and due care. This is compounded by Ms Gibson’s a...

9. Cycle-5-A5-v1.0-FINAL.pdf [pdf, 1 MB]

   ...more reliable. We call this combined data “pooled data”. Cycle 1 Cycle 2 Cycle 3 Cycle 4 Cycle 5 2018 2018 - 2019 2019 - 2020 2020 - 2021 2021 - 2022 8,030 8,038 7,425 6,244 5,326 81% 80% 80% 76% 71% Data collection Sample size Response rate 3 Introduction This booklet provides insights and analysis of the New Zealand Crime and Victims Survey (NZCVS) Cycle 5 results. In addition to the latest crime and victimisation trends, this booklet also details who is at ri...

10. TZ & AS v TQ [2024] NZDT 220 (8 March 2024) [pdf, 210 KB]

    ...weeks in total, and that he and his co-worker were only out of action for 2 weeks in total, which at best impacts on progress by one month; e. I also preferred CH’s evidence that the reasons for delays included waiting on materials which TQ was responsible for ordering, including a 3 week delay for the window; a further month and a half delay because the weatherboards hadn’t all been primed; and other delays because at times they didn’t turn up to site, for reasons including that...