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1. Brebner & Anor v Collie & Anor [2013] NZWHT Auckland 23 [pdf, 113 KB]

   ...At the hearing, Mr Josephson agreed that the vendor warranty was not a condition but rather a term of the agreement. It follows that the provision regarding notice for the waiver of conditions does not apply. Notwithstanding this, the common law requires notice of waiver in the form of an unambiguous representation, a clear and deliberate communication on the part of the party that is forgoing the benefit.11 The sale and purchase agreement required at cl 1.2 that notices relevant...

2. Vining Realty Group Limited v The Real Estate Agents Authority (CAC 408) [2017] NZREADT 57 [pdf, 209 KB]

   ...submit further submissions on the matter of the PS system. [34] Mr Waymouth submitted that because the withdrawal was recorded on the PS system, the CAC’s decision that the listing had “simply disappeared” was wrong in fact and in law. [35] He also submitted that because the PS system requires the reason for a withdrawal to be entered (in this case, that the property was “sold privately”), it was reasonable for Mr Vining to rely on the entry, and there was therefore...

3. Investment brief: Correctional alcohol & drug treatment [pdf, 250 KB]

   ...in opioid dependence. Addiction, 97. Koehler, J., Humphreys, D., Akoensi, T., de Ribera, O. & Losel, F. (2014). A systematic review and meta-analysis on the effects of European drug treatment programmes on reoffending. Psychology, Crime and Law, 20(6). Luchansky B, Brown M, Longhi D, Stark K, Krupski A. (2000). Chemical dependency treatment and employment outcomes: results from the ‘ADATSA’ program in Washington State. Drug and Alcohol Dependence, 60(2) Marlowe, D. (2011)....

4. MOJ0504-Making-a-parenting-plan-workbook-Large-Print.pdf [pdf, 1.1 MB]

   ...Dispute Resolution by scanning the QR code with your phone camera or following the link below: mailto:kaiarahi@justice.govt.nz 28 • justice.govt.nz/family-dispute-resolution or freephone the Ministry of Justice on 0800 224 733 Talk to a lawyer. It may help to get advice from a lawyer. If you’re not sure if you can afford a lawyer, it can help to talk to someone at your local Community Law Centre. You may also be able to get help from the Family Legal Advice Service,...

5. [2024] NZEnvC 094 Barraclough v Gisborne District Council [pdf, 245 KB]

   ...understand there to be any difference between the parties as to whether discharges are occurring. The differences relate to how they might best be addressed so as to ensure that there are no further discharges. [61] Mr King focussed in part on the lawfulness of the discharges, noting that the Council had issued a consent for the earthworks but did not require a discharge consent because it was satisfied that the works, with the sediment controls in place, would be adequate. Th...

6. Update to Minister on applying the investment approach to Justice [pdf, 1.2 MB]

   ...important parts of the sector’s business. We do not want a strong focus on reducing long-term costs to undermine our focus on providing quality services. 48. In the Justice sector, this includes ensuring that state-sanctioned coercion is applied lawfully even if at some cost; an irreducible minimum of spending on the Justice sector is necessary to support a well-functioning society. 49. While the Investment Approach is primarily about system-level arrangements and systemic perfor...

7. CAC 20003 v Weldrand [2013] NZREADT 78 [pdf, 62 KB]

   ...his questions from the complainant but only “resistance”, as he put it, and the answer “no comment”. [26] The licensee emphasised that, eventually, the issues ascertained by the complainant were disclosed to the licensee by the vendor’s lawyer and the points were as follows: 6 “1. Spa bath not working – the fuse had been removed as the 76 year old client kept inadvertently switching the spa on. Fuse reinstalled and spa worked perfectly well. 2. 3 x “unkno...

8. [2024] NZEnvC 093 Ocean Dynamics Limited v Tauranga City Council [pdf, 349 KB]

   ...and to erect signage that notifies users of this facility. This is intended to address the appellant’s concerns about overflow parking spilling into the street or creating traffic management issues which might adversely affect the appellant’s lawful industrial activities. (c) Temporary traffic management: Amendment to condition 22 to require the traffic management plan for temporary events to include details of consultation undertaken with the owners or occupants of neighbouri...

9. [2021] NZEnvC 063 SKP Incorporated v Auckland Council [pdf, 2 MB]

   ...to be found entirely in s 285, which gives the Court a general and unfettered discretion to make an award of costs. The Environment Court Practice Note 2014 also sets out guidelines in relation to costs. However, it does not create an inflexible law or practice.10 s [2020] NZEnvC 119. 6 [2018] NZEnvC 081. (For completeness, the Court of Appeal subsequently refused leave to appeal and the Supreme Court subsequently likewise) . 7 C11lpa11 v Vose (1993) 1A ELRNZ 331; (1993) 2 NZIUvIA 38...

10. Crick v REAA & Woodley [2013] NZREADT 9 [pdf, 62 KB]

    ...degree and entails a value judgment. In this context a general appeal is to be distinguished from an appeal against a decision made in the exercise of a discretion. In that kind of case the criteria for a successful appeal are stricter: (1) error of law or principle; (2) taking account of irrelevant considerations; (3) failing to take account of a relevant consideration; or (4) the decision is plainly wrong. The distinction between a general appeal and an appeal from a discretion is no...