Search Results

1. CL v Q Ltd & WN [2023] NZDT 448 (19 September 2023) [pdf, 119 KB]

   ...standard or industry accepted definitions of the term. The word “personal”, in this context, means pertaining to persons. The word “electronics” means a device which requires the flow of electrons through conductors and semiconductors to perform its function. Applying these definitions, I am satisfied that CL’s hearing aids are in the category of “personal electronics”. Hearing aids pertain to a person, and they operate by electricity. 13. Therefore I find that the...

2. Kapohe Family Trust v Cleland [2012] NZWHT Auckland 28 [pdf, 87 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-100-00080 [2012] NZWHT AUCKLAND 28 BETWEEN MICHAEL JAMES BEAZLEY, DEBBIE WAI KAPOHE AND ALLENE MARIE KAPOHE AND PUBLIC TRUST FOR A M KAPOHE FAMILY TRUST Claimants AND ANDREW DEREK CLELAND AND JENEPHER LYNNE HAYWARD First Respondents (Removed) AND DUNEDIN CITY COUNCIL Second Respondent AND GEOFFREY ALAN MARTIN Third Respondent AND MURRAY TURNER DECORATORS LIMITED Fourth Respondent AND ERIK AMIGO VAA

3. Edwards v Capital and Coast DHB (Strike-Out Application) [2016] NZHRRT 20 [pdf, 144 KB]

   ...the CCDHB alleging a breach of Principle 6. Those new proceedings are HRRT019/2016. [4] In relation to the application to strike out the second plaintiff’s claim, the first plaintiff’s submissions of 28 February 2016 responded that: [4.1] A request had been made to the Privacy Commissioner to correct the Certificate of Investigation so that it showed there had been an investigation into the alleged breaches of the second plaintiff’s privacy. [4.2] The second plaintiff had in a...

4. DIJ v New Zealand Police [2024] NZHRRT 22 [pdf, 372 KB]

   ...determined that the evidential threshold required to bring criminal charges was not met and no criminal charges were laid. [2] Four years later, in February 2016, the plaintiff sought access to their personal information held by Police. The request was in the nature of an ‘everything’ request, namely for all information held by Police relating to the plaintiff. [3] After the expiry of the 20 working-day time limit specified in the Privacy Act 1993 (PA 1993),2 Police had not...

5. LCRO 22/2019 HT v MK (29 May 2020) [pdf, 326 KB]

   ...while on holiday he was in contact with his office during which time he did not receive any communication (telephone or email) from Mr HT. He says on return he “was surprised” to learn the draft agreement had been signed. He says despite his requests on 24 June, he was not provided with a copy. He says it would have been to BEG’s advantage had the lower number of shares in DOT been transferred instead of all BEG’s shares which subsequently occurred. [127] It is helpful if...

6. NA v ZT & AM [2022] NZDT 197 (28 October 2022) [pdf, 178 KB]

   ...not have permission to cut down those trees. Conclusion 10. For these reasons the remaining issues need not be determined, and the claim is dismissed. Referee: K Rendall Date: 28 October 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

7. BU v BH [2020] NZDT 1400 (20 November 2020) [pdf, 176 KB]

   ...BU’s claim in misrepresentation fails. I am unable to see any other way BU could claim damages from BH. The claim is therefore dismissed. Referee: M Wilson Date: 20 November 2020 CI0301_CIV_DCDT_Order Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...

8. DU v BL & KL [2021] NZDT 1685 (28 May 2021) [pdf, 181 KB]

   ...of issues arising on properties that have just been purchased, the Tribunal must be satisfied that, on the balance of probabilities, the dishwasher was not in reasonable working order as at the date of settlement. 9. Based on the evidence and information provided at the hearing, I find that it is more likely than not that the dishwasher was in reasonable working order as at the date of settlement. 10. Based on my finding in paragraph 9 above, it is not necessary to address issues 3(b...

9. HX v MT & OM [2024] NZDT 613 (26 August 2024) [pdf, 94 KB]

   ...required to give more than two weeks notice? Is he entitled to a refund of the balance of the bond? 6. The rights and obligations of flatmates usually arise out of their agreement with the head tenant. The agreement may be verbal or written and is formed at the start of the flatting arrangement. If the head tenant wants to impose new terms and conditions after the flatmate has moved in, that is considered a variation of the original agreement. A variation cannot be imposed unilater...

10. HB v N Ltd [2024] NZDT 543 (29 July 2024) [pdf, 93 KB]

    ...day of the hearing, to be a sufficient reason for a rehearing to be granted. I have reviewed the recording and I note that the Terms and conditions were discussed in some detail during the hearing. Page 2 of 2 5. If the applicant had requested an adjournment on the day, in order to consider any late documents it would have been considered and may have been granted. 6. Possibly over 50% of the hearings before the Disputes Tribunal involve last minute documents. That is us...