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1. GJ Ltd v EI Ltd [2022] NZDT 103 (5 August 2022) [pdf, 199 KB]

   ...or building consent was required by law? c) If so, what sum is payable? Did the vendor breach its warranty regarding any notice, demand, requisition or outstanding requirement adversely affecting the premises? 4. The contract is the standard form ADLS/REINZ Agreement for Sale and Purchase of a Business 4th edition (2008). Under clause 6.1(1) of the this clause, the vendor warranted that it had not received “any notice or demand and has no knowledge of any requisition or outstandi...

2. SD & TD & RD v EL & LL [2021] NZDT 1569 (15 July 2021) [pdf, 92 KB]

   ...applicants? 8. As there has been no breach of a valid and enforceable agreement by the respondents the applicants’ claim against them must fail. Referee: K. Armstrong Date: 15 July 2021 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...

3. LJ & MJ v GT [2023] NZDT 301 (10 August 2023) [pdf, 165 KB]

   ...supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed. 6. LJ and MJ provided copies of menu 3 noting the agreed changes and items not provided, a deposit receipt noting the details of the agreed services and menu changes, and a receipt for the balance. In the absence of any evidence to the...

4. Waitangi Tribunal Annual Report Matariki 2022 to 2023 [pdf, 18 MB]

   ...Waitangi Tribunal Unit staff, 2023 11THE WAITANGI TRIBUNAL - ANNUAL REPORT MATARIKI 2022 – 2023 ii) Registrarial – this team analyses claims submitted to the Tribunal for registration. It responds to pub- lic enquiries to undertake search requests for properties that may be subject to section 27B memorials under the State-Owned Enterprises Act 1986, completes section 49 reports for Legal Aid, and assesses applica- tions that the Tribunal recommend land no longer be liable to res...

5. List-of-Fee-Changes-1-July-2025.pdf [pdf, 519 KB]

   ...$728 3 Filing any other initiating document (as defined in regulation 4), unless a different filing fee is prescribed for that document elsewhere in the fees table $1,755 $1,819 4 Filing a statement of claim between defendants $143 $148 5 Filing an amended statement of claim $143 $148 6 Interlocutory application (a) without notice (b) on notice relating to a proceeding to which item 2, 3, 46 or 48 applies (c...

6. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 19 [pdf, 335 KB]

   ...prevented by altering the doors to single action enabling them to be closed against head, jamb and sill seals. Such a solution would change the nature of the doors and the aesthetics. [54] There is no evidence that the pivot doors have not performed as one would expect of a door with no jamb. There is also no evidence of damage as water on stone did not affect the building. There is accordingly no loss resulting from this alleged defect. [55] The claimant said that a pro...

7. SG v O Ltd [2021] NZDT 1635 (1 July 2021) [pdf, 221 KB]

   ...If it had not, O LTD could have been liable for the full amount and having to make a claim against [Mechanic]. SG has done O LTD a service. Referee: B M Smallbone Date: Thursday, 1 July 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 reh

8. SX v J Ltd [2024] NZDT 788 (16 September 2024) [pdf, 190 KB]

   ...overheated and J Ltd and its reports are wrong when they say he had a pre-existing overheating problem. SX explained in great detail his long history as a long haul truck and trailer driver. He explained the processes he follows to check and monitor the performance of his truck and he explained a similar checking and monitoring process for his ute. 5. He states on the day of the accident he had worked a 13 hour day and had a very heavy load on his ute and this was the first time he wa...

9. N Ltd v D Ltd [2024] NZDT 191 (12 March) [pdf, 218 KB]

   ...further work was required to be done to complete Stage 2 after N Ltd invoiced on 18 March 2023, differ significantly. 12. D Ltd contend that there were significant quality issues in the work completed by N Ltd and they submitted evidence in the form of texts from their site manager, X, to N Ltd, and also an invoice for remedial work from the building contractor, S Ltd (‘S LTD’). S Ltd was engaged to complete Block I when D Ltd cancelled N Ltd’s contract. The texts from X to N L...

10. [2022] NZIACDT 19 – TA v Tian (Sanctions) (25 July 2022) [pdf, 185 KB]

    ...Following a number of successful student and visitor visa applications, a student visa application lodged on 11 October 2016 was unsuccessful. Ms Tian did not inform the complainant of the decline. She then lodged student visa applications and s 61 requests from 24 November 2016 until 1 March 2017, all without instructions from the complainant or his mother and without telling them of the outcome of any application. [8] On 8 June 2017, Ms Tian filed an expression of interest on...