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1. Porirua ki Manawatu panui February 2017 [pdf, 1.1 MB]

   ...Coming up in 2017 Page 6 & 7 Inquiry Panel Members and Tribunal Staff Welcome to our third pānui for the Porirua ki Manawatū (PkM) district inquiry. This pānui is written by Waitangi Tribunal Unit staff and aims to keep claimants informed of developments and upcoming events in the PkM inquiry. Last year the PkM inquiry was progressing through the research and report writing phase. However, the Waitangi Tribunal Unit (WTU), Crown Forestry Rental Tr...

2. G Ltd v B Ltd [2025] NZDT 174 (15 May 2025) [pdf, 116 KB]

   ...to third party contractors, I am satisfied the remediation costs exceed the jurisdiction of the Tribunal. On that basis I allow the $30,000 sought. Hannan DTR Disputes Tribunal Referee 15 May 2025 Page 5 of 6 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. ADH v ZWS [2011] NZDT 169 (28 June 2011) [pdf, 95 KB]

   ...Respondent, ZWS Limited, $625.00 (incl GST) within 7 days of the date of this Order. Facts [1] ADH required a website for his gardening business. ZWS Ltd agreed to develop a static website for ADH for $500.00 (incl GST). ADH subsequently requested that the site be changed to match flyers that he had had printed and agreed to a dynamic database-driven website design that would cost $2,270.00 (incl GST). On 9 April 2010 ADH gave ZWS Ltd three post-dated cheques of $700.00 e...

4. MD v O Ltd [2021] NZDT 1347 (27 January 2021) [pdf, 197 KB]

   ...liable to the contracting party (s 256, CCLA). The contracting party is (relevantly) the consignor (sender of the goods) who enters a contract with the carrier (s 246, CCLA). 10. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at...

5. Deliu v New Zealand Law Society and National Standards Committee (Second Recusal Application) [2013] NZHRRT 12 [pdf, 122 KB]

   ...recusal application: [5.1] A fair-minded lay observer would not apprehend that a failure to refer to a title meant that the Tribunal as presently made up would not bring an impartial mind to the case. [5.2] There is no logical connection between the claimed disregard of title and any feared deviation by the Tribunal as presently constituted from dealing with the case on the merits. [5.3] The applicant too lightly throws the bias ball in the air – if his second recusal application w...

6. CQ and others v JT [2023] NZDT 744 (14 December 2023) [pdf, 224 KB]

   ...and in spite of the work done by the respondent to repair the fence, I find that there is not an adequate fence between the parties. I say this because: a. The fence does not run along the entire length of the boundary. b. The fence is not uniform in appearance or build. c. The posts are not firmly placed in the ground and the applicants’ evidence was that this would mean that the fence would become more unstable and fail over time. CI0301_CIV_DCDT_Order Page 3 of 5...

7. BX v QD & Ors [2024] NZDT 792 (29 November 2024) [pdf, 237 KB]

   ...would have seen the warning signs of the issues that have been found. 12. The final witness was Mr UX. UX stated he had been working on the property next door and noted what appeared to be a leak in the deck. He did not however approach the former occupant of the house. 13. The vendors were QD, KD, FC and BN Ltd, as trustees of the C Family Trust. The house however had been occupied by QD’s 94 year father, FC Snr. Mr FC Snr had been a sole trustee when the house was purchase...

8. ED Ltd v TQ Ltd [2023] NZDT 312 (27 July 2023) [pdf, 221 KB]

   ...they contacted TQ Ltd and were advised that, due to price inflation over the long period of delay and changes in availability of materials, the pricing of the job would increase to $34,949.40+GST. ED Ltd was of the view that TQ Ltd was obliged to perform the contract at the quoted price and gave TQ Ltd an opportunity to proceed on that basis. 3. TQ Ltd declined to proceed and ED Ltd proposed repayment of its deposit plus a sum for damages summarised as being equivalent to 10% interest p...

9. [2022] NZEmpC 120 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 273 KB]

   ...for the first, second and fourth defendants No appearance for third defendant Judgment: 6 July 2022 COSTS JUDGMENT OF JUDGE K G SMITH [1] Smiths City (Southern) Ltd (in receivership) issued proceedings against its former employee, Jeremy Claxton, claiming damages from him arising from breaches of the employment agreement between them. It also sought a penalty from him for allegedly aiding and abetting breaches of an employment agreement by another e...

10. Miller-Hard v Stewart [pdf, 277 KB]

    ...moment. Therefore, I will issue this Determination which decides all other matters in this adjudication except for these two non-party claims for costs. 1.15 Mr Morrison, who was cited as the Fifth Respondent in this adjudication, made an informal application at the Hearing for recovery of his costs incurred when he was a party in the adjudication. He was struck out as a party in my Procedural Order No 6 on 11 March 2004. A formal claim for costs was made Claim No 0076...