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  1. FV v UE Ltd [2022] NZDT 140 (1 September 2022) [pdf, 179 KB]

    ...In August 2021 it developed a fault with the heating. FV approached UE Ltd, as that was where she recalled having purchased it. UE Ltd did not have any record of the purchase but, after some discussion, agreed to replace it. A few months later the new dryer developed a problem with heating, and FV contacted UE Ltd again, requesting a refund. Again, there was confusion and discussion over whether FV had purchased the original from UE Ltd and whether the second dryer would be repaired or ref...

  2. BG v L Ltd [2023] NZDT 249 (16 May 2023) [pdf, 165 KB]

    ...or acceptable quality, the applicant can within a reasonable time, require the respondent to repair the piano, or if the alleged failure cannot be repaired, to reject the piano, return it to the respondent and seek a full refund. Section 18 (4) also addresses any loss that may have been reasonably foreseeable, as a result of any failure. The applicant did not reject the piano and accepts that indeed she resisted doing so when offered a full refund by the applicant on three occasions, in...

  3. WEBINAR Self Represented Persons and Community Groups in the Environment Court [pdf, 261 KB]

    ...effort to spend to genuinely help parties and the process. 21. The employment of the process advisors in the Waiheke case produced the major benefit that the great majority of the 310 submitters (I think about 290 of them) agreed to DMI being their address for service and representing them. The society was represented by counsel and engaged independent expert witnesses, and brought significant professionalism and focus to the case. Overall time savings and other efficiencies mo...

  4. Recommendations Recap Issue 16 [pdf, 498 KB]

    ...frustration. On Saturday 14 March 2015, Mrs Maguire, aged 90 years, had a fall in her rest home at Ashburton. She was initially admitted to Ashburton Hospital, where a blood test was done to identify her blood group. This was delivered to the New Zealand Blood Bank in Christchurch but it was rejected as it did not meet labelling requirements. Mrs Maguire was then transferred to Christchurch Hospital for surgery the following day to repair a fractured femur. The surgery...

  5. QX v ZW LCRO 134/2014 (21 October 2016) [pdf, 159 KB]

    ...issues as follows: 19 At 8. 12 (a) Gave poor service and failed to provide [effective] representation. (b) Mismanaged Ms QX’s case. (c) Ignored Ms QX’s instructions. (d) Failed to address the issues of complaint Ms QX raised at the 24 January 2013 meeting. (e) Failed to apply to the Family Court for an eviction. (f) Failed to arrange a court hearing. (g) Failed to keep Ms QX informed. (h) Failed to push for action....

  6. [2013] NZEmpC 117 Morgan v Whanganui College Board of Trustees [pdf, 163 KB]

    ...this Court in two recent cases, albeit ones in which the privilege sought to be avoided was the statutory privilege attaching to discussions in mediation. Nevertheless, what constitutes “blackmail” in these particular circumstances has been addressed by the Court and I propose to apply similar considerations in this case. [67] The most recent judgment is George v Auckland Council. 19 In that case the Court found that a threat to issue proceedings against a grievant if her gr...

  7. [2019] NZEmpC 139 Zara’s Turkish Ltd v Kocaturk [pdf, 372 KB]

    ZARA’S TURKISH LIMITED v GÜLER KOCATÜRK [2019] NZEmpC 139 [8 October 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2019] NZEmpC 139 EMPC 273/2017 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for joinder BETWEEN ZARA’S TURKISH LIMITED Plaintiff AND GÜLER KOCATÜRK Defendant...

  8. Qualitative study on behalf of the Independent Panel examining the 2014 family justice system reforms [pdf, 943 KB]

    .................................................................................................................................... 31 Experience of out of court process changes ......................................................................................................... 36 5.1 Family Legal Advice Service (FLAS) ................................................................................................. 36 5.2 Parenting through Separation (PTS) ................................

  9. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

    ...of the Trust, Edward Beattie, took over as chairman. Mr 21 Taitokerau MB 60 Beattie called for two scrutineers and then invited each of the candidates to address the meeting. Mrs Tautari was one of those who spoke. [13] Mr Shortland then addressed the meeting. He asked what his vote was worth when he represented his mother, the Trust‘s largest beneficial owner. Mr Tipene responded that the trust order allowed a poll vote. Mr Corrigan explained the poll vote process in more...