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1. SH v CO & D Ltd & C Ltd & N Ltd [2021] NZDT 1615 (9 August 2021) [pdf, 237 KB]

   ...s362I of the Building Act 2004 imposes a set of implied statutory warranties that apply to all contracts for residential building work, and which includes painting where it is part of the construction of the building. These warranties are taken to form part of the building contract and help fill the gap created by the definition of “goods” in the Consumer Guarantees Act 1993 (CGA) which excludes a whole building. 6. These Building Act warranties essentially mirror the CGA guarant...

2. [2023] NZEmpC 224 Medina Trading Ltd T/A Hotel Debrett v Hunter [pdf, 270 KB]

   ...a separate issue from whether it elects to challenge all or only part of a determination. Further, he submits that a party can elect to have a full hearing limited to the part or parts of the determination which it is challenging. He relies on Form 1 of the Employment Court Regulations 2000 and also on the decision of Chief Judge Goddard in Pacific Plastic Recyclers Ltd v Foo.2 Finally, he notes that decisions which have concluded that a de novo hearing reopens the entire matter c...

3. AM v JO Ltd & Ors [2024] NZDT 496 (4 June 2024) [pdf, 206 KB]

   ...this evidence helps me to assess whether AM has proven his claim on the balance of probabilities. What was agreed about the services that were to be provided and the cost of those services? Who was the contract between? 7. A contract may be formed in writing, or orally, or may be implied by conduct. What was agreed is looked at objectively, which means by looking at what was said and done. Parties are required to adhere to the terms of their contract, unless there is a legal reas...

4. QI & UD v P Ltd [2023] NZDT 636 (28 November 2023) [pdf, 175 KB]

   ...plaster after the remedial work. UP agrees that this is a reasonable price for the sealant that would have been needed. Therefore, the claim is proved in full. Referee: Sara Grayson Date: 28 November 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 reh...

5. SO v GU [2023] NZDT 326 (26 May 2023) [pdf, 156 KB]

   ...other costs to bring the claim unless it is provided for by contract and in certain specific circumstances described in s 43. None of those circumstances apply here. Referee: R Merrett Date: 26 May 2023 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 re...

6. ST P Ltd v D Ltd & R Ltd [2024] NZDT 3 (8 January 2024) [pdf, 183 KB]

   ...pay rate of $36.00 an hour. Therefore, I find $216.00 is fair and reasonable compensation. 17. In total I have found P Ltd is entitled to $906.00 compensation. Referee: C Murphy Date: 8 January 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 reh...

7. WU v QW [2024] NZDT 275 (13 May 2024) [pdf, 99 KB]

   ...her and therefore I dismiss the claim for burying MN. 15. In sum, I have found the amount that is reasonable is $902.25 being $614.20, $58.15 and $229.90. Referee: C Murphy Date: 13 May 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 reh...

8. IN & KT v D Ltd [2023] NZDT 737 (20 December 2023) [pdf, 188 KB]

   ...damage caused by…operation of the forces of nature that an experienced contractor could not foresee or reasonably make provision for or insure against. “ 10. Mr A of D Ltd claims rising costs from suppliers, spurred by the pandemic, make performing the fixed-price contract infeasible. Additionally, Mr. A noted there were other contributing factors in the decision to cancel the contract, including numerous delays. For example, the settlement of titles was expected to occur in 2022,...

9. Mitchell v Corrections [2024] NZHRRT 13 [pdf, 176 KB]

   ...Ms S Leslie for defendant DATE OF HEARING: 17 – 18 October 2023 DATE OF DECISION: 28 March 2024 DECISION OF TRIBUNAL1 [1] In late December 2019 and early January 2020, Ms Mitchell made five separate information privacy requests under the Privacy Act 19932 (‘the Act’) to the Chief Executive 1 This decision is to be cited as Mitchell v Corrections [2024] NZHRRT 13. 2 The Privacy Act 1993 was repealed and replaced by the Privacy Act 2020 on 1 December 2020...

10. FC v N Ltd [2022] NZDT 255 (20 December 2022) [pdf, 197 KB]

    ...claim. The Tribunal has limited jurisdiction to order costs, and none of those circumstances apply. Therefore, this aspect of the claim is dismissed. Referee: J P Smith Date: 20 December 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 r...