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1. Wilton TRI-2021-100-002 Procedural Order 4 [pdf, 230 KB]

   ...liable. It became apparent that the house had experienced weathertight issues from October 2013 and perhaps earlier. Mr Wilton, a chartered professional engineer, had knowledge of the issues for more than six years before an assessor’s report was requested. [24] On 23 July 2021, Bill Skews, an independent registered architect, prepared a draft report commenting on TAB Design’s work. He confirmed it did not breach its duty. According to Mr Skews, there was no detail lacking i...

2. [2019] NZEmpC 99 Fernandez v Rappongi Excursions Ltd t/a Denny’s Restaurants [pdf, 440 KB]

   ...genuine. Hopefully this judgment, and the discussions which now need to take place between the parties, will lead to some reconciliation. For this reason, there is a need to clarify the obligations the parties have towards each other so that their former constructive relationship might be restored. The pleadings [6] Following the determination removing the proceedings to the Court, the pleadings were settled in the form of an amended statement of claim and an amended state...

3. Regulatory Impact Statement review of the Judicature Act and consolidation of courts legislation [pdf, 251 KB]

   ...example,  under  Schedule  5  of  the  Privacy  Act,  which  enables  the  Ministry  to  share  information for law enforcement purposes.  9  32. The situation relating to access to individual court files is clear – requests from individuals to  access individual court files are governed by specific court rules.  33. As  the  judiciary  controls  court  records,  there  are  problems with  the Ministry  of  Justice’s  ability�...

4. BE v W Ltd & KN [2024] NZDT 885 (15 December 2024) [pdf, 240 KB]

   ...neighbour on the other side of the fence (Mr and Mrs N) became acrimonious after BE cut down some trees on Mr and Mrs N’s property believing she had their consent to do so. In the course of her dealings with Mr and Mrs N, BE became aware from survey information provided by the Mr and Mrs N that the fence was not on the boundary. In fact, a corner of BE’s building encroached across the boundary onto the McLeod’s property. 6. BE and Mr and Mrs N were unable to resolve the boundar...

5. Rangahaua Whanui National Overview volume 2 [pdf, 1.7 MB]

   ...Representatives app, apps appendix, appendixes BPP British Parliamentary Papers: Colonies New Zealand (17 vols, Shannon, Irish University Press, 1968–69) ch, chs chapter, chapters doc, docs document, documents DOSLI Department of Survey and Land Information ed edition, editor encl enclosure ff following fol, fols folio, folios GBPP Great Britain Parliamentary Papers ma Maori Affairs series ms, mss manuscript, manuscripts n note NA National Archives no, nos number, numbers NZLR New Zealand La...

6. BD and NQ v R Co Ltd [2021] NZDT 1354 (12 February 2021) [pdf, 169 KB]

   ...a supplier will carry out its services with reasonable care and skill (section 28, CGA). 9. I find that RCL’s advice to NQ that it was prudent to proceed with settlement on 24 July 2020 was provided with reasonable care and skill given the information RCL had been provided about the outstanding issues identified at the pre-settlement inspection. RCL had been sent a number of photographs of the different issues, none of which appeared to be a valid reason to delay settlement in that...

7. QN v HO B Ltd [2023] NZDT 236 (22 May 2023) [pdf, 227 KB]

   ...the letterbox standing behind it; and a long fence to the left of the driveway which ran the width of the Property between the driveway and the neighbour’s fence on that side QN had the Property insured with B Ltd. 2. On 30 April 2020, QN was informed by a tenant at the Property that there had been an incident the night before when someone crashed through the Fence and damaged it. 3. QN lodged an insurance claim with B Ltd regarding the damage to the Fence. B Ltd paid out QN for t...

8. UC v DT [2024] NZDT 791 (20 September 2024) [pdf, 138 KB]

   ...termed “soft rot” at the top of the palings. 22. I therefore find that UC is not liable for a greater proportion of the costs to replace the fence. Referee: R Merrett Date: 20 September 2024 Page 5 of 5 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...

9. MT & SC v TD [2024] NZDT 888 (19 December 2024) [pdf, 111 KB]

   ...wiring system is not in reasonable working order. If so, what remedy is appropriate? 14. The remedy for a breach of contract is for the breaching party to put the other party back in the position they would have been had the contract been performed. Consequential losses must be caused by the breach, be reasonable, and be reasonably foreseeable as liable to result. 15. I find that MT and SC are entitled to the figure of $3,302.00 for new carpet, and $600.00 they paid a friend to...

10. C Ltd v HK [2025] NZDT 144 (24 March 2025) [pdf, 203 KB]

    ...is for legal costs she has incurred getting advice on how to defend the Applicant’s claim and for the loss of income for the time she took off work to attend the first hearing. CI0301_CIV_DCDT_Order Page 2 of 5 7. At the hearing I informed HK that generally costs are not awarded against a party to proceedings in this Tribunal. HK’s circumstances do not fit any of the exceptions to that rule. Issues 8. The issues are: i) Whether CT made a material misrepresentatio...