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1. NC v KD & CD [2024] NZDT 535 (22 July 2024) [pdf, 189 KB]

   ...They did not provide the accommodation service with reasonable care and skill. They are ordered to refund $351.50 to NC for the breach of the FTA. Referee: B M Smallbone Date: Monday, 22 July 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 re...

2. DZ v LU & IW Ltd [2024] NZDT 469 (4 June 2024) [pdf, 200 KB]

   ...responsibility to follow up on the bill/s before or at the time they were transferring the lease. 13. Since DZ has not provided evidence of if/when she sent the rates bills to IW Ltd, and since she also had a responsibility to mitigate losses in the form of late payment fees, I find that in all the circumstances here, IW Ltd is liable to pay only the proportional rates amount of $3071.55 for the period in question and not the late payment fee of $568.55. Referee Perfect Date:...

3. EH v MG & FG [2024] NZDT 425 (28 May 2024) [pdf, 186 KB]

   ...purchaser discovered that bathroom renovation completed when MG and FG owned the property did not have a Code of Compliance (‘COC’). EH had two offers on the property at the time, one for $940,000.00 and another for $930,000.00. Upon receipt of this information the offer of $940,000.00 was withdrawn, and at a later date the offer of $930,000.00 was reduced to $910,000.00 on the condition that the property sale proceed without the COC. 3. EH claims $30,000.00 from MG and FG for the l...

4. LCRO 215/2020 YY v RN (27 September 2021) [pdf, 207 KB]

   ...[3] Ms YY had initially instructed Mr TW to act for her on the sale, but as Mr TW did not operate a trust account, Mr TW referred Ms YY to Mr FN. 2 [4] On the 29th of January 2013, Mr TW forwarded facsimile correspondence to Mr FN making request of Mr FN to prepare an agreement for sale and purchase of the [address] property. [5] That correspondence: (a) Identified the vendor and purchaser; and (b) advised the sale price that had been agreed; and (c) recorded that no depos...

5. Landon v Auckland Council [2011] NZWHT Auckland 70 [pdf, 131 KB]

   ...necessitated a full reclad: a) lack of vertical control joints within the wall cladding, b) lack of clearance between cladding and adjacent ground and between the cladding and the deck surface, Page | 3 c) solid deck barrier being formed without a membrane or other protection to the top, and d) a fireplace protection where the top of the cladding is used inappropriately as a roof. The Council cross-claims against the second, fourth and fifth respondents and l...

6. TN v U Ltd [2024] NZDT 89 (7 February 2024) [pdf, 149 KB]

   ...and inconvenience arising out of the asbestos contamination in 2017. I have therefore deducted this amount from the award of $1200.00 general damages. Referee: R Merrett Date: 7 February 2024 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 reh...

7. Waitangi Tribunal - Wai 2522 2.5.0009 TPPA [pdf, 1.3 MB]

   ...Harawira, Rikirangi Gage and Moana Maniapoto. 8. The claimants allege that the Crown has breached the principles of the Treaty of Waitangi and that prejudice will result. They say:3 a) The Crown has undermined its Treaty partner by failing to provide information and failing to actively consult with Maori in good faith over the TPPA; b) The Crown has failed to actively engage with Maori in decisions that impact on their rights under te Tiriti and at international law notably the United...

8. BW x XT [2022] NZDT 202 (12 December 2022) [pdf, 96 KB]

   ...causing him stress. 4. BW seeks all his rent paid of $3,486.00 returned to him and $1,514.00 for the stress he says has suffered. 5. XT has not contested any of this evidence. He did not file any defence or response to the allegations in the claim form. He did not attend today’s hearing. 6. This Tribunal has jurisdiction for claims in contract. The flat sharing agreement is a contract. The major benefit of a flat sharing agreement is the provision of a place to live. One of th...

9. EQ & KQ v S Ltd [2024] NZDT 606 (22 July 2024) [pdf, 114 KB]

   ...the amount ordered is not for Tribunal costs. Conclusion 12. For these reasons S Ltd is to pay KQ and EQ the sum of $6,682.75 by the date stated in the order. Referee: K Rendall Date: 22 July 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 r...

10. M v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 88 [pdf, 366 KB]

    ...examination in clinic on 3 February 2023, there is an area on the dorsal aspect of his glans on the right hand side which measures about .5 x .5 cms which is slightly darker in colour that the rest of the glans. I am not able to comment on what has formed this discoloration and further other than to say that it is present. Dr Amanda Faulkner, Consultant Psychiatrist [57] Dr Faulkner provided two reports dated 10 July 2020 and 28 April 2024, having met M twice in 2020 and then aga...