Morton V Douglas Homes Ltd
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Morton V Douglas Homes Ltd
''Morton v Douglas Homes Ltd'' has become an important case in New Zealand as a result of the leaky homes crisis. The salience of the case comes from the fact that Justice Hardie Boys held the directors of a building company personally liable for damage caused by defective foundations. The case has been described in the Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ... as one that, "certainly provides some authority for the view that the directors of a building company with actual control of particular building operations owe a duty of care, associated with that control." Background Between 1976 and 1977 Douglas Homes Ltd built four flats in a residential subdivision in Waimairi County, Canterbury over the top of an old shingle pit. Before construction, "the ...
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High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ...
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Canterbury, New Zealand
Canterbury ( mi, Waitaha) is a region of New Zealand, located in the central-eastern South Island. The region covers an area of , making it the largest region in the country by area. It is home to a population of The region in its current form was established in 1989 during nationwide local government reforms. The Kaikoura District joined the region in 1992 following the abolition of the Nelson-Marlborough Regional Council. Christchurch, the South Island's largest city and the country's second-largest urban area, is the seat of the region and home to percent of the region's population. Other major towns and cities include Timaru, Ashburton, Rangiora and Rolleston. History Natural history The land, water, flora, and fauna of Waitaha/Canterbury has a long history stretching from creation of the greywacke basement rocks that make up the Kā Tiritiri o te Moana/Southern Alps to the arrival of the first humans. This history is linked to the creation of the earth, the s ...
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1983 In Case Law
The year 1983 saw both the official beginning of the Internet and the first mobile cellular telephone call. Events January * January 1 – The migration of the ARPANET to Internet protocol suite, TCP/IP is officially completed (this is considered to be the beginning of the true Internet). * January 24 – Twenty-five members of the Red Brigades are sentenced to life imprisonment for the 1978 murder of Italian politician Aldo Moro. * January 25 ** High-ranking Nazism, Nazi war crime, war criminal Klaus Barbie is arrested in Bolivia. ** IRAS is launched from Vandenberg AFB, to conduct the world's first all-sky infrared survey from space. February * February 2 – Giovanni Vigliotto goes on trial on charges of polygamy involving 105 women. * February 3 – Prime Minister of Australia Malcolm Fraser is granted a double dissolution of both houses of parliament, for 1983 Australian federal election, elections on March 5, 1983. As Fraser is being granted the dissolution, Bill Hayden ...
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1983 In New Zealand Law
The year 1983 saw both the official beginning of the Internet and the first mobile cellular telephone call. Events January * January 1 – The migration of the ARPANET to TCP/IP is officially completed (this is considered to be the beginning of the true Internet). * January 24 – Twenty-five members of the Red Brigades are sentenced to life imprisonment for the 1978 murder of Italian politician Aldo Moro. * January 25 ** High-ranking Nazi war criminal Klaus Barbie is arrested in Bolivia. ** IRAS is launched from Vandenberg AFB, to conduct the world's first all-sky infrared survey from space. February * February 2 – Giovanni Vigliotto goes on trial on charges of polygamy involving 105 women. * February 3 – Prime Minister of Australia Malcolm Fraser is granted a double dissolution of both houses of parliament, for elections on March 5, 1983. As Fraser is being granted the dissolution, Bill Hayden resigns as leader of the Australian Labor Party, and in the subsequent lead ...
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High Court Of New Zealand Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * "Hig ...
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Leaky Homes Crisis
The leaky homes crisis is an ongoing construction and legal crisis in New Zealand concerning timber-framed homes built from 1988 to 2004 that were not fully weather-tight. The problems often include the decay of timber framing which, in extreme cases, have made buildings structurally unsound. Some buildings have become unhealthy to live in due to moulds and spores developing within the damp timber framing. The repairs and replacement costs that may have been avoided were estimated in 2009 to be approximately NZ$11.3 billion. Factors The Building Act 1991, which became law in 1993, changed building controls from a prescriptive system to a more self-regulated regime. In addition, the Government dropped the apprentice training system for builders and the related building trades. Some developers and builders knowingly or carelessly constructed buildings with numerous faults and short-cuts. An architectural design trend towards Mediterranean-style houses with complex roofs, plastere ...
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David Baragwanath
Sir William David Baragwanath (born 3 August 1940) is a New Zealand lawyer and jurist. He served as president of the United Nations Special Tribunal for Lebanon between 2011 and 2015. Early life and education Baragwanath was born in Balclutha on 3 August 1940, the son of Eileen Baragwanath (née Richards) and The Very Rev. Owen Baragwanath , who served as Moderator of the Presbyterian Church in New Zealand. He attended Auckland Grammar School, followed by University of Auckland Law School. A Rhodes Scholar, he earned a Bachelor of Civil Law from the University of Oxford. Career Baragwanath began his legal career as a member of the lawyers’ syndicate in New Zealand. He acted for both the prosecution and defence in major criminal cases, including murder and fraud trials. He was appointed Queen's Counsel in 1983 and is a former president of the New Zealand Law Commission. At the time of his appointment to the Court of Appeal, he was the second-longest-serving high court ju ...
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Anns V Merton LBC
was a decision of the House of Lords. It established a broad test for determining the existence of a duty of care in the tort of negligence called the Anns test or sometimes the two-stage test for true third-party negligence. This case was overruled by ''Murphy v Brentwood DC'' 991 Facts and background In 1962 the local authority of Merton approved building plans for the erection of a block of maisonettes. The approved plans showed the base wall and concrete foundations of the block to be 'three feet or deeper to the approval of local authority eing Merton. The notice of approval said that the bylaws of the council required that notice should be given to the council both at the commencement of the work and when the foundations were ready to be covered by the rest of the building work. The council had the power to inspect the foundations and require any corrections necessary to bring the work into conformity with the bylaws, but was not under an obligation to do so. The bloc ...
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Michael Hardie Boys
Sir Michael Hardie Boys, (born 6 October 1931) is a New Zealand retired lawyer, judge, and jurist who served as the 17th Governor-General of New Zealand, in office from 1996 to 2001. Early life and family Hardie Boys was born in 1931 in Wellington. His father was the Hon Reginald Hardie Boys (1903–1970), a judge of the Supreme Court. After his schooling at Hataitai School and Wellington College, Hardie Boys gained a Bachelor of Arts and Bachelor of Laws from Victoria University College. Hardie Boys married Mary Zohrab in 1957. They have two sons, two daughters and eight grandchildren. Judge of the High Court A lawyer by profession, Hardie Boys became a Judge of the High Court of New Zealand in 1980 (prior to 1980, the name was Supreme Court, i.e. he sat in the same court that his father had). In 1989 he was elevated to the Court of Appeal, and was appointed as a Privy Counsellor. In 1994 he was elected as an Honorary Bencher at Gray's Inn, and in 1995 became an Honor ...
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Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ...
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Leaky Homes Crisis
The leaky homes crisis is an ongoing construction and legal crisis in New Zealand concerning timber-framed homes built from 1988 to 2004 that were not fully weather-tight. The problems often include the decay of timber framing which, in extreme cases, have made buildings structurally unsound. Some buildings have become unhealthy to live in due to moulds and spores developing within the damp timber framing. The repairs and replacement costs that may have been avoided were estimated in 2009 to be approximately NZ$11.3 billion. Factors The Building Act 1991, which became law in 1993, changed building controls from a prescriptive system to a more self-regulated regime. In addition, the Government dropped the apprentice training system for builders and the related building trades. Some developers and builders knowingly or carelessly constructed buildings with numerous faults and short-cuts. An architectural design trend towards Mediterranean-style houses with complex roofs, plastere ...
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