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1. VH Ltd v KI [2024] NZDT 386 (24 June 2024) [pdf, 97 KB]

   ...the risk for what happened in this situation and that KI is not liable for the sum he paid to the hacker. Factors I have considered in reaching this decision included the following: a) As a business dealing with the public, VH Ltd has a duty of care to be aware of BEC fraud and to take precautions against it and to warn its customers. This duty arises out of s28 of the Consumer Guarantees Act 1993 (CGA), which states that where services are supplied to a consumer there is a guarantee...

2. IPT-Annual-Report 2022 -2023 [pdf, 416 KB]

   Immigration and Protection Tribunal Annual Report 2022/2023 Judge Martin Treadwell Chair December 2023 2 Introduction The Immigration and Protection Tribunal was established under section 217 of the Immigration Act 2009 (the Act). Section 224A of the Act requires the Chair of the Tribunal to provide an annual report to the Minister of Justice, the Minister of...

3. LCRO 226/2016 TS v KN [pdf, 113 KB]

   ...action in respect of his complaint concerning the conduct and fees of his former lawyer, Mr KN. Background [2] Mr KN acted for Mr TS in parenting and relationship property matters before the Family Court in 2011/12 and again in relation to the care of the children from 2013 to 2015. Mr TS’ former wife was legally aided. The parents each alleged the other had been violent towards the children. Mr TS says care was effectively shared between him and the children’s mother at le...

4. LCRO 8/2021 CK v SE (23 November 2021) [pdf, 284 KB]

   ...CK’s] response to the proposal”. 1 No date on which the dispute was settled has been provided. 3 [10] In Mr CK’s view, by making that request, Ms SE contravened r 10.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules).2 (2) Separate letter [11] Mr CK claimed Ms SE, in her 23 December 2013 letter to the trust’s lawyer, as well as acknowledging the trustees had offered Ms AF a loan, undertook to provide the “separate l...

5. BORA Immigration Amendment Bill (No.2) [pdf, 106 KB]

   ...provides that: Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law. 6. The Court of Appeal has stated that observance of the principles of natural justice is a flexible concept and is very much fact specific.[1] In Kindler v. Canada (Minister of Justice) [2] (in which the appel...

6. [2023] NZEnvC 014 Federated Farmers of New Zealand v Marlborough District Council [pdf, 139 KB]

   ...follows: (a) any agrichemical should not move, either directly or indirectly, beyond the property boundary of the site(s) where it is or has been applied; and (b) agrichemical users will be required to utilise best practice and exercise reasonable care to achieve (a) by minimising any such spray drift. The use of agrichemicals is an important management tool, especially in rural environments where they contribute to the control of animal and plant pests and help to minimise c...

7. [2023] NZEnvC 086 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 4 MB]

   Topic 14: Marine Protected Areas IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 086 IN THE MATTER OF appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-117) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-127) Appellants AND NORTHLAND REGIONAL COUNCIL Respondent Cou...

8. Masefield v CAC301 & Ors [2015] NZREADT 30 [pdf, 282 KB]

   ...emphasised its ‘stunning view’. They purchased it by agreement dated 22 February 2013 for settlement on 10 April 2013. [5] The complainants allege that, prior to purchasing the property, the licensee told them that the views from the property were protected. Specifically, the complainants allege that the licensee: [a] Gave them a general assurance that to the effect that “no one can build out your view in New Zealand”; and [b] Gave them a specific assurance that any futur...

9. Director of Proceedings v Health New Zealand [2024] NZHRRT 37 [pdf, 710 KB]

   ...defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill. [3] In the consent memorandum the parties also seek a final order under s 107(3)(b) of the Human Rights Act 1993 prohibiting the publication of the name and identifying details of the aggrieved person in this matter (Infan...

10. Directory of Official Information M-O [pdf, 511 KB]

    ...responsibilities In accordance with the New Zealand Public Health and Disability Act 2000, MidCentral District Health Board has three key functions, being: • planning and funding health and disability services • delivering health and disability care services through Crown owned hospital and associated services • governing and managing the District Health Board. MidCentral DHB is categorised as a Crown Agent under section 7 of the Crown Entities Act 2004. The functions of th...