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1. 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...

2. 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...

3. 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...

4. 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...

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. SA v TD & I Ltd [2021] NZDT 1646 (4 October 2021) [pdf, 139 KB]

   ...damage. 27. Based on my finding that TD was 65% responsible for the collision, TD and I Ltd are liable to pay SA 65% of $4,732.25 which is $3,075.96. Referee: L Trevelyan Date: 4 October 2021 Page 4 of 4 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 rehe...

7. BS & OS v PB & UQ [2023] NZDT 271 (6 June 2023) [pdf, 120 KB]

   ...43, I can only award costs, such as the filing fee in the Tribunal, in the rarest of circumstances. There is nothing in this case that would justify such an award. Referee: M Wilson Date: 6 June 2023 Page 5 of 5 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 rehe...

8. Manchester Securities Limited v Auckland Council [2016] NZWHT Auckland 1 [pdf, 341 KB]

   ...2 [1] The level 12 penthouse apartments at 196 Hobson Street were leaky. The owner, Manchester Securities Limited, (Manchester) has sued Auckland Council for the cost of repairs. Manchester claims as an assignee of the former owner, Sage Securities Limited (Sage), and, in the alternative, in its own right. Robert Cummins is the sole director of Manchester. Mr Cummins worked as a property consultant for Sage prior to Manchester’s purchase of level 12.

9. Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]

   ...LIMITED) [61] The Fourth respondent denies liability for any damage to the owners’ dwelling caused by water penetration which it submits has occurred through the gap between the curved head flashings and the aluminium joinery, through the joint formed at the junction of the Insulclad and the block wall in the rumpus room, and through a failure in the joint between the sill of the bifold doors in the living room and the tiled deck over the garage below. [62] PSL claims t...

10. LCRO 126/2023 EG v HJ (28 November 2023) [pdf, 283 KB]

    ...available if the Review Officer considers that the review can be 9 adequately determined in the absence of the parties. This is commonly referred to as a hearing “on the papers”. [45] After undertaking a preliminary appraisal of the file, I formed the provisional view that the review could properly be conducted on the papers. The parties were given the opportunity to comment on that proposal. The respondent was content with the matter being dealt with on the papers. The...