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1. Auckland Standards Committee v Hollins [2014] NZLCDT 65 [pdf, 152 KB]

   ...written submissions and so we were able to have a productive discussion about the large level of agreement between counsel and the practitioner, as to the proper orders to be made as a result of the acknowledgement of the charges, and in order to form penalty in relation to this matter and the orders we now make are as follows: 1. The Tribunal formally censures you Ms Hollins pursuant to s 156 of the Act. 2. We make an order suspending you from practise for a period of 12 months c...

2. Customs Appeal Authority COVID-19 Protocol Level 1 [pdf, 68 KB]

   ...3. For every appeal, when arranging the hearing the Authority will setup a telephone discussion. The parties, and the Authority will take part. The discussion will include, identifying what issues the Authority is to decide, the evidence and the form of hearing. Where it is necessary to hold a hearing with parties and witnesses in person, securing facilities for the hearing may take time. The Authority will usually consider approaches that make an in-person hearing unnecessary; or nec...

3. EQ v G Insurance [2023] NZDT 428 (14 September 2023) [pdf, 188 KB]

   ...District Court [2023] NZDT 428 APPLICANT EQ RESPONDENT G Insurance The Tribunal orders: G Insurance Limited is to pay EQ the sum of $30,000.00 on or before 3 October 2023. Reasons: 1. In May 2022 the council performed a pool safety inspection on EQ’s swimming pool and failed it due to the fencing. EQ was required to empty the pool until the fencing was repaired. EQ emptied the pool on 28 May. On 11-13 June there was a heavy rain event, the pool li...

4. BE v MG [2023] NZDT 262 (20 June 2023) [pdf, 186 KB]

   ...loan agreement at page 3, there is a heading of Costs, and at paragraph 11, it attempts to set out where the Lender may claim costs. However, the paragraph lacks specificity as to whether such a claim can be made in the current manner in the current form. I therefore find that BE is not entitled to claim the costs of the Tribunal fee. Conclusion 17. In conclusion, I find that MG must pay $19,000 being the unpaid principal of the loan and the balance of the claim is dismissed....

5. BORA Bail Amendment Bill [pdf, 199 KB]

   ...Amendment Bill 01 December 2008 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990 BAIL AMENDMENT BILL (PCO 13496/5.0) (2-1) OUR REF: ATT395/83 I have reviewed the draft Bail Amendment Bill (in its above form) for consistency with the New Zealand Bill of Rights Act 1990. The Bill proposes to amend the Bail Act 2000 by making changes to s 8, which sets out the considerations to be taken into account by the Court in assessing whether the cour...

6. MZ v GU Ltd [2022] NZDT 56 (5 May 2022) [pdf, 143 KB]

   ...supplied pre-wired for battery power (and a battery is only an optional extra, purchased separately). However the fact that it comes pre-wired for battery power is not a representation in itself and because the supply occurs after the contract is formed, cannot be part of any misrepresentation of the product. The statements in the advertisement are not in themselves misleading as the wording is “this set allows you to plug the power control box.. in at your garage”, not that it comes...

7. Zhao v CAC 10055 & Carey [2012] NZREADT 24 [pdf, 94 KB]

   ...the Tribunal varies the decision of the Complaints Assessment Committee by recording that in addition to the $2,000 ordered payable by the Complaints Assessment Committee the settlement set out above has been agreed by the parties and this will then form part of the Complaints Assessment Committee’s order. DATED at AUCKLAND this 3 day of May 2012 ______________________________ ______________________________ Mr J Gaukrodger Member ___________...

8. [2013] NZEmpC 1 Gini v Literacy Training Ltd [pdf, 152 KB]

   ...From 27 July 2009 she also taught two classes two days’ per week at Mt Crawford Prison (Wellington). [10] In September 2009, Ms Gini was teaching prisoners budgeting skills. As part of that teaching, she took into Mt Crawford Prison KiwiSaver forms and other materials with the intention of using the forms to demonstrate to the prisoners a practical means of improving their financial literacy. Two of the prisoners wished to enrol with KiwiSaver and began filling out their forms....

9. BJ v T Ltd [2023] NZDT 82 (23 February 2023) [pdf, 143 KB]

   ...Does the method of fixing on the cladding breach the terms of the contract between BJ and T Ltd? 7. I find that there has been no breach of contract because there is no method of fixing specified in the contract. The material specifications that form part of the contract between BJ and T Ltd state that the cladding is to be B Panels but no representation was made by T Ltd as to the visual appearance of the cladding for this particular development. BJ researched the technical specificati...

10. Justice Sector One-year prison population forecast May 2015 [pdf, 212 KB]

    ...the actual consequences of trends become clearer. The forecast carries a degree of inaccuracy. While there is a degree of seasonality in the annual pattern, it does vary from year to year, and the forecast is unlikely to pick up the precise form that will occur this year. In addition, the impact of forthcoming changes may not agree with expectations. Comparison with previous forecast The new forecast compares with the previous short-term forecast (covering March 2015 to Febr...