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1. 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...

2. [2013] NZEmpC 183 Snowdon v Radio New Zealand Ltd [pdf, 100 KB]

   ...intends to rely as an answer to the case as made by the amended statement of claim, it is unnecessary to file a statement of defence to the amended statement of claim. (b) ... [16] After hearing argument on 30 September 2013, I agreed, at the request of Mr Fletcher, to defer the commencement of the hearing until 1 October 2013. I also directed Mr Quigg to serve amended statements of defence to the amended statements of claim before 5.00 pm on 30 September 2013. My order was c...

3. 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...

4. 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...

5. G Ltd v D Ltd [2025] NZDT 222 (9 June 2025) [pdf, 192 KB]

   ...him and wrote “I just want to address a comment made to [employee] about not getting enough jobs. We made the decision to offer free jobs and paid you for them to help get you started, ensuring you didn’t start from zero. However, you seem to request jobs as if you were employees of ours”. KT promptly responded quoting from the documentation he was provided with, which stated “franchise operators are allocated a number of regular clients to service on joining D Ltd…”. 1...

6. 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...

7. Waitangi Tribunal - issue 69 of Te Manutukutuku [pdf, 2.5 MB]

   ...for historical disputes processes when I was invited to contribute to the African National Congress debate on policy in Johannesburg and later, when the ANC assumed power, to the Constitution debate in Cape Town. The new Republic opted for both forms, a formal Claims Court for ‘black spot’ removals under apartheid post-1914 and the less formal Truth and Reconciliation process for the larger historical issues. However, unlike our process, the South African reconciliation did not...

8. M Ltd v ON [2023] NZDT 389 (21 September 2023) [pdf, 113 KB]

   ...XC in a document dated 9 May 2022. The digger remained in N Ltd’s possession while it sourced parts, and eventually repair work was completed. N Ltd’s total invoice, dated 9 May 2023, was for $6,354.30. XC had contacted ON on 16 March 2023 to inform him that defects had been found in the digger, and had requested a contribution to the cost of repairing them. [4] XC said that he had not expected to pay so much to N Ltd, but the costs had increased as N Ltd had found problems with the...

9. T Ltd v S Ltd [2022] NZDT 219 (30 November 2022) [pdf, 174 KB]

   ...to continue to use T Ltd’s services, this risk was ever-present to T Ltd. In these circumstances, T Ltd cannot reasonably claim loss profit over time. Referee: J.F. Tunnicliffe Date: 30 November 2022 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 for a rehe...

10. GE v G Ltd [2024] NZDT 672 (19 August 2024) [pdf, 114 KB]

    ...was responsible for the loosening the crox nut or that defects in G Ltd’s workmanship caused the leak, I conclude that the claim must be dismissed. Referee: E Paton-Simpson Date: 19 August 2024 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 for a re...