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1. MD v KC [2024] NZDT 41 (23 February 2024) [pdf, 227 KB]

   ...says that MD was warned on an earlier occasion that drug use in the house was not acceptable. KC says that the claim for cleaning arises only because MD continued to use drugs inside the house after this warning. 7. Contracts can come in many forms. Sometimes they are written, other times there is only a discussion or there may be a combination of written and oral terms. In addition, the law of contract allows for implied terms. Implied terms are those so obviously required that it i...

2. MX v X Ltd [2023] NZDT 251 (28 April 2023) [pdf, 241 KB]

   ...as there is no evidence the failure was substantial in any way, I find the claim must be dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: K. Edwards Date: 28 April 2023 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 re...

3. BC v ST Ltd [2024] NZDT 381 (2 May 2024) [pdf, 194 KB]

   ...refund of the money paid. 10. With respect to that, BC argued at the hearing that she had paid $3400 + $300 for materials plus an additional $1400 for waterproofing. However a payment of $1400 for waterproofing is not consistent with her own claim form or submissions and it is not what the handwritten receipts show. ST Ltd say they were paid $3400.00 in total and I agree that is what all the other evidence supports. They say that the $300 BC spent at [hardware store], while accompa...

4. I Ltd v BW [2022] NZDT 246 (6 December 2022) [pdf, 263 KB]

   ...heading. Incorrect and self-contradictory advice 26. BW submitted that UI gave her “contradictory and changing advice” that was “wholly inadequate and nonsensical”. 27. These sorts of criticisms are too general and subjective to form the basis of an argument that UI failed to meet her legal duty to exercise reasonable care and skill. 28. BW’s submissions contain several specific allegations about incorrect or misleading advice: a. In May 2019, UI prepared a let...

5. Waitangi Tribunal - Part 1 Rangahaua Whānui District Auckland [pdf, 6.3 MB]

   ...... the mouth of the Waimata Rivet, justsouthofTe Poroporo (eapeTurnagain1,-­ extending to the Manawatu River at its southern reach before entering the gorge. This is an area of about two million acres. 1 It is unlikely that the described region formed a distinct unit in Maori times. The mountains in the east and coast in the. south are clear-cut, but the exact northern line was merely the result of colonial administration boundary drawing. There was also considerable movement through th...

6. Shankar v Ahuja [2015] NZIACDT 36 (31 March 2015) [pdf, 188 KB]

   ...complying application. [2.5] The complainant instructed Mr Ahuja to complete the renewal of passports and attended to matters to allow him to lodge the application for a second time. [2.6] Immigration New Zealand gave Mr Ahuja time to provide further information relating to passport renewal, which was in his own control as he had the complainant’s instructions to deal with the passport renewals. [2.7] Mr Ahuja, in the face of strict time limits, failed to comply with Immigration New...

7. B Ltd v R Ltd [2024] NZDT 169 (17 April 2024) [pdf, 105 KB]

   ...the engine returned from its rebuild and subsequent repair with R Ltd with low oil pressure issues. B Ltd paid R Ltd a total of $13,336.69 for their work. SD sent the vehicle to NH in [city], who had extensive engine rebuild experience in high performance environments, to have the engine’s work assessed and repaired. NH provided a report dated 22 November 2023, gave evidence at the hearing on 17 January 2024 and provided a follow-up report dated 16 April 2024 in response to witnes...

8. NZ Domaine Investments Ltd v Tauranga City Council [2013] NZWHT Auckland 30 [pdf, 81 KB]

   ...seeking interest on the cost of the remedial work and the lost rent. The Act provides for interest to be awarded at the rate not exceeding the 90 day bill rate plus two per cent.7 A schedule of interest was attached to Mr Plummer’s brief. At my request this was recalculated and filed with the Tribunal on the day of the hearing. The 90 day bill rate plus 2 per cent is 4.69 per cent. The schedule prepared by Mr Plummer calculates interest on each payment made from the date of t...

9. Austin & Ors v Houghton & Ors [2014] NZWHT Auckland 6 [pdf, 72 KB]

   ...that allowed water ingress and that, as a result, the house required extensive remedial work. One of these defects was attributable to the original roofing work. The “kick out” to the ends of the apron flashings 4 were inadequately formed which allowed moisture to drain in behind the cladding. [12] After receiving the assessor’s report, the Austins obtained a report from another building expert, Barry Gill. Mr Gill commented that the inadequately formed kick ou...

10. Hart v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 68 [pdf, 221 KB]

    ...that Mr Hart suffered neck or thoracic sprains during his accident on 31 October 2021. [4] In October 2013, Mr Hart suffered an accident when he was hit by a falling scaffolding pole, causing injuries to his back and neck. [5] An ACC injury claim form was lodged on 21 October 2013 with the accident date given as 11 October 2013. In the claim form, the accident description was: Large scaffolding pole fell onto back, neck, and skull. Still … pain and numbness in hand and shoul...