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1. 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

2. Te Manutukutuku Issue 36 [pdf, 5.9 MB]

   ...Wellington Tenths Trust, Mr Morris Love, a member of the Trust's Board of Trustees, and Mr William Cooper, Chairman of the Ngati Poneke Marae Association. According to the claimants, the proper­ ty under dispute, known as 'section 1', forms part of the original Pipitea Pa site, which includes traditional areas of cultiva- tion and urupa/wahi tapu. This whole area, including section 1, is classified as being Claimants had applied for the return of the Pipitea Street pr...

3. WHT - Managing claims - Chair's Directions [pdf, 34 KB]

   ...email. 13. When filing such an email application or request, or responding to it, the party filing or responding is required to copy the email communication to all other parties. If there is no email address for any party the Tribunal can be requested to arrange service on that party Hearing Documents 14. Each party is required to file electronic and hard copies of all their hearing documents with the Tribunal and either serve all other parties with hardcopies or provide...

4. IT v OC Ltd [2024] NZDT 700 (15 November 2024) [pdf, 219 KB]

   ...purchased by IT had been sold, leaving only the less popular colours. IT had purchased one of the popular colours. 7. The Tribunal must make a decision on the evidence that is presented. As it is possible IT may have simply misunderstood the information that was being provided to him, and as there is no CI0301_CIV_DCDT_Order Page 2 of 3 evidence that OC Ltd engaged in conduct that may have misled or deceived IT, I find the claim cannot succeed. The claim is therefore dismissed....

5. B v ACC [2012] NZACA 5 [pdf, 127 KB]

   ...whether the Review Officer was correct in his decision dated 11 April 1988, to uphold the Corporation’s decision dated 10 December 1986 to cease the appellant’s Earnings Related Compensation (ERC) beyond 18 January 1987, because the medical information then on file indicated that his ongoing incapacity was not directly related to his personal injury by accident suffered on 29 October 1976. Application for Reinstatement of Appeal ACA No. 281/88 and Application for Leave to Appeal O...

6. 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...

7. 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...

8. Hepburn [pdf, 89 KB]

   ...claimants submit the chief executive erred in deciding that the dwelling was built by early April 2000 as the Code Compliance Certificate (CCC) was not issued until 30 May 2000. In particular they submit that the advice of completion of building work forms were not filed by the owner or builder and therefore the last building work date cannot fairly or accurately be determined from the last property inspection report filed with the Council on 31 March 2000. They also submit that t...

9. 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...

10. 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...