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1. 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...

2. 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...

3. 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...

4. 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...

5. 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.

6. 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...

7. 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...

8. IHC NZ v Ministry of Education (Non-Party Access) [2013] NZHRRT 2 [pdf, 72 KB]

   ...Defendants Ms M Chen for Chen Palmer, a Law Firm DATE OF DECISION: 31 January 2013 DECISION OF TRIBUNAL GRANTING NON-PARTY ACCESS TO STATEMENT OF CLAIM AND STATEMENT OF REPLY History [1] On 15 November 2012 Chen Palmer, a Law Firm, requested copies of the statement of claim and statement of reply held on the Tribunal’s file. The Chairperson’s Minute 2 dated 23 November 2012 gave a preliminary indication of the legal framework within which that application was...

9. BB v U Ltd [2024] NZDT 183 (27 March 2024) [pdf, 91 KB]

   ...contribute to the costs. I therefore find U Ltd not liable to contribute towards the cost of the fence. 9. In view of the above, the claim must be dismissed. Referee: DTR Edwards Date: 27 March 2024 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...

10. TO & TA v MB [2023] NZDT 232 (5 May 2023) [pdf, 106 KB]

    ...to the failure to provide a hotel room. 10. For these reasons MB is to pay TO the sum of $2,779.54, and TA the sum of $640.00, by the date stated in the order. Referee: K Rendall Date: 5 May 2023 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 rehe...