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1. OD v JE [2024] NZDT 794 (13 November 2024) [pdf, 183 KB]

   ...had 11 previous owners, and was 23 years old at the time OD bought it. Thus, he said, its history was unknown and he could not have known of any problems with the car if, in fact, there had been any. He had simply stated honestly how the car had performed during the time he had owned it. [10] JE provided a letter from his wife, in which she stated that the car had run well during the period that the family had used it. He also provided a letter from his mechanic, KT, who had not seen th...

2. 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...

3. MZ v X Ltd [2023] NZDT 511 (16 October 2023) [pdf, 213 KB]

   ...be used, in the sum of $2,828.00. 3. The issues to be determined were as follows: a. Has X Ltd breached its contract with MZ, or has it breached either or both the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 in respect of the form for self service purchases for flight bookings requesting “first name, last name”, in respect of cultures that put family or surnames first, and given or individual names last? b. Did X Ltd breach the guarantee that services are to be...

4. Auckland Standards Committee 3 v PL [2016] NZLCDT 6 [pdf, 114 KB]

   ...betterment. Discovery [21] The Tribunal has been obliged to turn its attention to the discovery required in the WH Tribunal proceedings. There were many procedural orders issued by the WH Tribunal regarding failures on the part of the claimant and requests for supplementary disclosure. All of these were reported by the law firm to I. This Tribunal finds that I was aware of his obligation to disclose the Joint Venture. In the event he did not instruct any partner or member of s...

5. [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...

6. Form-61-Application-for-warrant-to-recover-chattels-FINAL-9-December-2024.pdf [pdf, 388 KB]

   ...that are relevant to your application Application for warrant to recover chattels KEY WORDS Below are explanations of some of the words we use in this application form. Chattels All kinds of movable personal property. Confidential address request A request to the Ministry of Justice to check its records for an address for the defendant. Court order Issued by a court or tribunal that requires a person or organisation to do, or stop doing, something. Defendant The person...

7. Form-61-Application-for-warrant-to-recover-chattels-FINAL-9-December-2024.pdf [pdf, 388 KB]

   ...that are relevant to your application Application for warrant to recover chattels KEY WORDS Below are explanations of some of the words we use in this application form. Chattels All kinds of movable personal property. Confidential address request A request to the Ministry of Justice to check its records for an address for the defendant. Court order Issued by a court or tribunal that requires a person or organisation to do, or stop doing, something. Defendant The person...

8. BORA Foreshore and Seabed Bill [pdf, 125 KB]

   ...remainder of the Court did not address the point.[7] 28. More definitively the UNHRC has stated that the equivalent protection under article 27 ICCPR applies to minority group rights to land use, observing that "culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of indigenous peoples".[8] 29. There are three significant limits on the protection accorded land rights under article 27...

9. 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...

10. GE v M Ltd [2022] NZDT 86 (17 January 2022) [pdf, 135 KB]

    ...refurbishment of a deck for GE. M Ltd presented GE with a quote for $6,301.25 plus GST which outlined the scope of work to be undertaken. 2. GE accepted the quote and paid a deposit of $2,000.00 on 31 October 2021. 3. On 3 November 2021, M Ltd performed the removal of the previous decking materials and informed GE that some timber would need to be replaced which would result in an additional cost. M Ltd provided an updated quote for $7,861.25 detailing the additional materials and...