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1. F Ltd v DS & KS [2022] NZDT 173 (10 October 2022) [pdf, 181 KB]

   ...prior to the accident which happened on 21 June 2021. On 5 June 2021, the vet notes that Noah is an “older dog, appetite a little picky of late, a bit reluctant to eat the biscuit senior … a bit stiff on back leg intermittently … some cataract formation …. Does bump into glass doors at night …. Discuss geriatric blood screen soonish”. Four days after the accident the vet said “Noah is ambulating ok for his usual arthritic age”. 21. The evidence from the vet shows that No...

2. Van Den Bosch - Te Whiti South Lands Trust (2002) 55 Wairoa MB 280 (55 WAI 280) [pdf, 615 KB]

   ...rent means that over the three year term of the Smailes' lease the plaintiff received $13,876.98 plus GST less than under the former lease. The plaintiff attributes this reduction in rent to breaches of covenant by the defendants and this forms the basis for the claim. Hearing of Application A judicial conference between the parties was held on 27 July 2000. This dealt with procedural matters. The application was then set down for hearing on 30 November 2000 and is recorded a...

3. CEIT Annual Report 2022 [pdf, 446 KB]

   ...policy. The effect of conditional settlement agreements [36] An insurer and homeowner had agreed to a settlement with conditions allowing for an additional payment should enhanced foundations be required once the rebuild was underway. The homeowner requested, and the insurer granted four extensions to complete the foundation assessment. A fifth request for an extension was declined, and the homeowner applied to the Tribunal. The Tribunal found that the insurer was not required to g...

4. [2021] NZACC 1 - Sharma v ACC (5 January 2021) [pdf, 244 KB]

   ...covered personal injury. She received social rehabilitation as well as lump sum compensation. [22] On 20 June 2018, Ms Sharma was granted cover for adriamycin-induced cardiomyopathy as a treatment injury. [23] On 27 June 2018, Ms Sharma requested weekly compensation on the basis that her covered treatment injury had incapacitated her from her work as a real estate 5 agent from 1 April 2014. A letter from Patel & Associates Ltd, Chartered Accountants, dated 21 June...

5. UX v J Ltd [2023] NZDT 105 (16 March 2023) [pdf, 204 KB]

   ...orderliness of UX’s farm workshop area. (g) I have considered the evidence given orally at the hearing by SC, one of J Ltd’s customers who has had three UTV machines on his farm, two of which are currently still in use. SC said that the machines had performed well for him, and in his opinion were superior to similar machines of other brands in respect of brakes, wheel bearings and ball joints. However, I have to make my decision in respect of the evidence relating to the failures with...

6. Te Rau o te Tika: Justice System Kaupapa Inquiry (Wai 3060)

   ...the Waitangi Tribunal’s website search function – filter by inquiry, then select Te Rau o te Tika. Here is information about progress of the Inquiry: Events | Waitangi Tribunal. Some claimants in the Justice System Kaupapa Inquiry may choose to request their personal information from government agencies so that they can include it in their evidence to the Inquiry. This factsheet provides information about how you can request your personal information from government agencies:Factsheet f...

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   1. Justice sector & policy

7. B Ltd v NC [2024] NZDT 490 (31 May 2024) [pdf, 189 KB]

   ...provided in July to August 2022 in relation to the fire aspects of a Council Notice to Fix a three-storey building at [Address]. NC is the owner or trustee owner of the building, and B Ltd claims that it was initially instructed by her agent, BD. BD informed B Ltd on 28 July 2022 that his agency had been terminated, but B Ltd claims to have done some further work in following days dealing with NC’s nephew NN, who is an architect. 2. The issues to be determined are: a) Was B Ltd engag...

8. Body Corporate 180379 and Unit Owners of Fox Terrace Apartments v Auckland Council procedural order [pdf, 40 KB]

   ...Council in respect of Unit F is not statute barred. They say that the multi unit claim which incorporated the 12 existing claims is effectively one claim filed on one date, and not a series of different claims being dealt with together. Unit F forms part of this one claim and therefore cannot be separately statute barred. 10. It is the view of the Tribunal that the provision in the 2006 Act allowing representative claims in respect of multi-unit complexes to be brought is...

9. KQ & LT v SG [2023] NZDT 287 (13 June 2023) [pdf, 234 KB]

   ...unwillingness to participate in the hearing process. 5. The Tribunal’s usual process of contact with a respondent also asks a respondent to provide details of any insurance cover they hold which may affect the claim. The Tribunal notes no information has been provided by SG. This is despite KQ and LT indicating there had been some initial discussion with SG’s insurer, but they say after initial contact there has been no further response or activity. 6. The Issues to be resolved...

10. ML Ltd & PQ v ST & NT [2024] NZDT 534 (1 October 2024) [pdf, 239 KB]

    ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...