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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. 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.

3. 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...

4. 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...

5. 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...

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. 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...

8. 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...

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...