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1. JB v IQ [2023] NZDT 321 (12 July 2023) [pdf, 108 KB]

   ...9.12 was based, namely reg 53 of the Traffic Regulations 1956. In Berrett v Smith [1965] NZLR 460, Hutchinson J held that reg 53 was designed to protect the purchaser, and that breach of reg 53 made the seller’s performance of the contract illegal, permitting the innocent purchaser to recover any amount paid in respect of the contract. On other hand, in Fenton v Scotty's Car Sales Ltd [1968] NZLR 929, Woodhouse J held that reg 53 was designed solely to promote road safety, not to pr...

2. FINAL-2021-Research-Memorandum-Witness-Familiarisation.pdf [pdf, 300 KB]

   ...https://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rr05_vic1/index.html 7 Prairie Research (ibid) at pp. 45-46. https://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rr05_vic1/index.html 5 availability of existing protections. Other suggestions included preparing for testimony through role-playing and permitting victims of crime to have their own lawyer. 14. Proper witness preparation has also been shown to have quantitative benefits in that it can improve the reliability of the tes...

3. OWRUG 3 Powerpoint Slideshow Otago Dams dated 19 May 2021 [pdf, 4 MB]

   ...MANUHERIKIA CATCHMENT – DAM AGES RANGE FROM 90 TO 118 YEARS OLD  CONTINUING TO SPEND FUNDS ON DAM SAFETY IS NONE NEGOTIABLE – THE FINANCIAL ABILITY OF DAM OWNERS TO CONTINUE TO FUND DAM SAFETY PROGRAMMES WILL BE COMPROMISED IN A 6 YEAR ROLL OVER OF PERMITS  WORKING CAPITAL WILL NEED TO BE BORROWED BUT THERE WILL BE A RELUCTANCE FROM FINANCIERS TO LEND WHERE THERE IS UNCERTAINTY ABOUT USERS ABILITY TO OBTAIN ACCESS TO WATER.  LIABILITY WILL BE COMPROMISED IF OWNERS CANT MEET...

4. Donkin v CAC 10057 & Morton-Jones [2012] NZREADT 44 [pdf, 31 KB]

   ...Merwe. The property had a separate one bedroom basement flat. The property had been advertised by Barfoot and Thompson’s as “legal home and income”. Mr Morton- Jones complained that the salespersons confirmed that the property was a fully permitted legal home and income when it was not. After entering into the agreement [which was conditional upon a LIM report and finance] Mr and Mrs Morton-Jones discovered that the home and income was not a legal home and income. Finance was ac...

5. 2021-05-03 ORC - MOC - evidence in reply and relating timetable matters [pdf, 130 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA...

6. [2022] NZEnvC 245 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 255 KB]

   ...measurable spatial or other limits to inform its conclusions concerning those effects (including matters of location, quantity, density and design treatment); ii how it accounts for contribution to those effects from existing, consented or permitted development within the relevant landscape character area. b. the outcome of an assessment of landscape capacity undertaken in accordance with SP 3.3.29 and SP 3.3.45 that is relevant to the proposal being considered; c. the cont...

7. BN v D Ltd [2024] NZDT 292 (26 April 2024) [pdf, 189 KB]

   ...this case is whether [the horse] could be developed to compete in dressage and show jumping events to a high level. BN claims that shortly after purchasing [the horse] he became lame and that lameness was due to an existing condition that would not permit him to reach his potential of competing in high level show jumping and dressage. However, prior to purchasing [the horse], BN himself an experienced and established horseman within the equestrian industry, inspected and rode [the horse]....

8. KC & TC v B Ltd [2024] NZDT 278 (16th April 2024) [pdf, 181 KB]

   ...“Important Information for [Country 2]:” it states. 15. “Customers transiting or entering the [Country 2] on the Non-immigrant Visa Waiver Programme should obtain a [visa] at least 72 hours before their departure date or earlier. Travel will not be permitted without an [visa].” 16. Even if TC missed all of the other warnings and cautions and had missed the news articles broadcast when these restrictions were put in place, B Ltd says he should have had regard to that warning....

9. [2024] NZEmpC 141 Byrne v Coverstaff Recruitment Group Ltd [pdf, 218 KB]

   ...failure to pay alone, that he is unable, as opposed to simply unwilling, to pay the awards.8 Accordingly, on the evidence available, the application must fail. Are any other orders necessary? [18] Section 189(1) of the Employment Relations Act 2000 permits the Court to make, for the purpose of supporting successful employment relationships and promoting good faith behaviour, such orders as in equity and good conscience it thinks fit. The Court may make an interlocutory order even...

10. SB & IM v TO [2024] NZDT 414 (21 May 2024) [pdf, 187 KB]

    ...and had become unlawful in New Zealand and was working unlawfully. He therefore agreed to help her access her information in a way that she didn’t have to use her own email address. 6. He says that as a [community group] volunteer, that he is permitted to assist individuals in navigating publicly available information with their consent. However, he did not meet SB in his capacity as a [community group] volunteer, and he was not particularly forthcoming when I asked for details about...