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1. 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...

2. SL v T Ltd [2023] NZDT 444 (11 September 2023) [pdf, 171 KB]

   ...agreed purpose of the treatment? Was the treatment fit for purpose? 4. Section 29 of the Consumer Guarantees Act 1993 (CGA) provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. 5. SL claims that she was guaranteed some sort of weight reduction. Howev...

3. MN v N Ltd [2022] NZDT 281 (4 November 2022) [pdf, 192 KB]

   ...some of the glasswork had to be replaced because it could not be buffed. 11. While I have taken into account N Ltd’s claims regarding the cause of the damage, and accept that carwash malfunctions may indeed occur frequently, I do not have information on at which stage of the carwash malfunctions occur (suds, scrub, rinse etc) and so it is unclear whether these vehicles involved were similarly left with suds on them for a prolonged period of time. Therefore, I do not accept N L...

4. CU v EM & ors [2024] NZDT 272 (2 May 2024) [pdf, 102 KB]

   ...1]. 20. Therefore I must find that the Disputes Tribunal does not have jurisdiction to hear and determine the claim, and the claim must be struck out. Referee: Nicholas Blake Date: 2 May 2024 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...

5. 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...

6. KC v BS [2019] NZDT 1399 (17 May 2019) [pdf, 134 KB]

   ...$4375.42 from BS, being the amount that was owing to the Local Council at settlement in October 2015, some of which has since been paid to the Local Council and some of which is not yet due. 4. The issues to determine are: • Was the S Programme information disclosed to KC prior to the contract being formed? • Is BS in breach of the vendor’s warranty at clause 6.2(3) of the sale and purchase agreement? • Is BS in breach of the vendor’s warranty at clause 6.1(1) of the sal...

7. MD & ND v D Ltd [2024] NZDT 626 (19 July 2024) [pdf, 232 KB]

   ...Counterclaim D Ltd The Tribunal orders: 1. MD and ND are to pay D Ltd $816.25 by 10 August 2024. 2. Within 2 days of receiving payment, D Ltd is to release all photography and videos taken over the two days for MD and ND, to be sent in the format agreed to by the parties when the contract was made. Reasons 1. MD and ND contracted D Limited (D Ltd) to organise their wedding ceremony, dinner, photos and videos which included being helicoptered to a mountain site. The...

8. Waitangi Tribunal theme Q - Inland waterways - lakes [pdf, 2.3 MB]

   ...between swamps, streams, rivers, and lakes are in many respect entirely arbitrary. When does a swamp ceases to be a swamp and become a lake? Also each of these entities do not exist in isolation. Swamps, rivers, and lakes of an area are interconnected, forming a catchment. In many respects they can, and perhaps should be regarded as single entities. The draining of swamps can lower the entire water table in a particular catchment having an adverse effect upon say the fisheries of a lake. 1.4.1...

9. CX v A Ltd [2019] NZDT 1336 (16 June 2019) [pdf, 209 KB]

   ...year. CX has paid $6 to A Ltd (which he notes is twice the $3 fee he would have had to pay had he obtained a ticket) and has filed this claim with the Tribunal seeking a declaration that he is not liable to pay the remaining $59 (although in the claim form the sum he noted was the entire $65). 2. The issues I need to decide are: a. Was it a condition of a contract between CX and A Ltd that $65 would have to be paid if he did not obtain a ticket? b. If so, is $65 a sum that can be c...

10. W v D [2019] NZDT 1362 (29 November 2019) [pdf, 220 KB]

    ...What remedy, if any, is available to Mr W? 10. For the reasons above, I find that no remedy is available to Mr W and the claim is dismissed. Referee: Date: 29 November 2019 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to apply