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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

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. 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. 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...

9. 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...

10. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

    ...[44] The Simpsons say that the windows leaked and G R W attended to those leaks. The Simpsons say that the repairs were temporary, though they did not realise it at the time. [45] On 21 June 1995 the Simpsons showed on a house maintenance form that there were leaks in the storeroom, rumpus room, French doors and under the French doors onto a small deck into the lounge. [46] Mrs O’Callaghan’s maintenance list of 11 July 1995 refers to leaks in the arcade roof, in the pla...