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1. Lam v The Real Estate Agents Authority NZREADT 15 [pdf, 211 KB]

   ...second respondent included in the 3 Decision paragraph 3.12. advertising material was a reference to the fact that as a resident the owner of the property 247 would be able to obtain parking permits in the street from the council. [20] The marketing material for the Property clearly recorded, the second respondent said, that there were three on-site carparks and two on-street carparks in front of the garages. The second respon...

2. [2011] NZEmpC 89 Young v Bay of Plenty DHB [pdf, 62 KB]

   ...financial constraint should not be a reason to deny access to justice, so too should not a requirement to pay the other party’s costs. On the other hand, litigants, especially litigants not bearing the cost of their own representation, should not be permitted to rack up the costs of another party in defending ongoing or repetitious litigation where there is little and sometimes no consideration as to how and when those costs will be met. [9] Although, in the matter last before...

3. LF Ltd v DQ Ltd [2022] NZDT 186 (8 November 2022) [pdf, 105 KB]

   ...Did the respondent contribute to the damage? 4. The tort of negligence applies when someone breaches a duty of care to another person causing foreseeable damage. Landowners would generally have a duty of care to utility providers whose services are permitted to run across their land, and it is foreseeable that digging could cause damage to cables. 5. The applicant submitted that it took all reasonable precautions by applying for plans from the [website], digging a pothole to try to loc...

4. [2008] Waikato DHB & ors v New Zealand PSA Inc AC 6/08 [pdf, 53 KB]

   ...Mazengarb’s Employment Law, make reference to the background to the statutory reforms in 2004 to the Employment Relations Act. The text notes: Finally, cl 16 of the Employment Relations Law Reform Bill 2003 originally proposed to amend s 51 by permitting a union to use the ratification procedure to obtain authorisation, during collective bargaining, to sign a collective agreement without having to go back to its members again to obtain ratification. This was designed to enhance the...

5. Chief Justice media statement 20 August 2021 [pdf, 540 KB]

   ...In the interests of health and safety, during Alert Level 4, access to courthouses is limited. For this reason, members of the public (including a whānau support person or persons for a defendant) whose presence is not required at court will not be permitted to enter unless granted permission by the presiding Judge. Public counters are closed at Alert Level 4, and all documents can be filed by email to the Registrar. Contact 0800 COURTS or the registry if you require further informat...

6. 20211104 Chief Justice media statement [pdf, 511 KB]

   ...registry will facilitate remote access. Appearances in person should only happen in exceptional circumstances. Members of the public (including a whānau support person or persons for a defendant) whose presence is not required at court will not be permitted to enter unless granted permission by the presiding judge. Masks are to be worn at all times within the courthouse, unless permission is given by a judge. Public counters are closed at Alert Level 3, and all documents can be fi...

7. NOP & TUV v Ministry of Business Innovation and Employment (Costs) [2014] NZHRRT 36 [pdf, 43 KB]

   ...The amount sought by the parties [3] The plaintiffs have accumulated legal expenses of approximately $23,000 (GST exclusive). They are ineligible for legal aid because of their immigration status (they are overstayers) and in addition they are not permitted to work lawfully in New Zealand. Mr Small took on their case on the basis that no account would be rendered until the case was over. His account would be waived if and to the extent that the plaintiffs were unsuccessful. In relati...

8. Marsden - Waikawa Village Sec 1B2A (2003) 102 South Island MB 91 (102 SI 91) [pdf, 257 KB]

   ...not be withheld pending a change of status. Apart from anything else, it is not within these owners' power to change the status of their land: that is a matter for me under the Te Ture Whenua Maori Act, and as I have explained to do so is not permitted by the Act. These landowners are in a difficult situation, and in my view the Council should do all it can to assist them. For the reasons set out above I cannot grant the Section 137 change of status application, and the Section 15...

9. BORA Regulatory Systems (Workforce) Amendment Bill (No 2) [pdf, 224 KB]

   ...whether: a. any place is a workplace; or b. any person performing work is an employee (as distinct from a contractor or another type of worker); or c. any person for whom work is being performed is an employer. 14. Among other powers, s 229 permits Labour Inspectors, for the purpose of performing their legislative functions and duties, to enter any premises at a reasonable hour to assess whether a person is employed and to require the production of, and to inspect and take copies o...

10. Auckland Standards Committee 2 v Vujnovich [2021] NZLCDT 1 (5 February 2021) [pdf, 86 KB]

    ...1. The practitioner is formally censured in the following terms: Ms Vujnovich, you have accepted that you did, from August 2008 until September 2015, breach the strict terms of s 9(1) of the LCA. You have acknowledged that although you were permitted to undertake this activity prior to your admission as a Barrister and Solicitor of the High Court, following that professional transition your actions contravened the Act. The Tribunal accepts that you are remorseful for your action...