Search Results

1. 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�...

2. 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...

3. DT v BQ Ltd [2022] NZDT 22 (15 February 2022) [pdf, 183 KB]

   ...to all or any of the $400.00 claimed? 16. Where there has been a misrepresentation established, a party is entitled to seek damages. The object is to place the aggrieved party in the position that they would have occupied had the contract been performed as originally agreed. 17. DT seeks compensation, not a full refund. She paid $1,350.00 and $110.00 cleaning fee when she booked the property. She acknowledges she stayed on for the period she was booked in to stay. However, part of the...

4. X v Y Ltd [2021] NZDT 1425 (18 March 2021) [pdf, 224 KB]

   ...c) Are Mr and Mrs X entitled to payment of the legal costs claimed? Has Y breached the Management Agreement by reducing the weekly management fee payments to Mr and Mrs X between 3 April & 28 August 2020? 4. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss to the other party to the contract. 5. Mr and Mrs X had a Management Agreement with Y dated 7 November 2016 (the Agreement) unde...

5. BH v MW Ltd [2023] NZDT 35 (28 March 2023) [pdf, 198 KB]

   ...Should BH be granted relief or compensation and if so, how much? 6. A party to a contract may cancel the contract if, by words or actions, the other party to the contract repudiates the contract by making it clear that that party does not intend to perform its obligations under the contract (S.36 Contract and Commercial Law Act) or if the other party to the contract breaches a term of the contract (S. 37 CCLA). 7. The cancelling party may apply for relief (S.43 and 45 CCLA) and or dama...

6. J Ltd v UX [2023] NZDT 506 (25 September 2023) [pdf, 179 KB]

   ...12. As J Ltd has not proven that UX breached a term of an agreement, it is not entitled to the order that it seeks, and its claim is dismissed. Referee: K Cowie DTR Date: 25 September 2023 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...

7. SB v XQ Ltd [2024] NZDT 663 (3 September 2024) [pdf, 185 KB]

   ...a photo in evidence apparently alleging it to be a photo of SB, which he denies; and c. XQ Limited’s appeal system is unsatisfactory, not user-friendly, and does not allow a Page 2 of 3 reasonable number of attempts to lodge information. 8. On the evidence however I am not satisfied SB has proven these concerns breach a standard of reasonable care and skill. I say that for reasons including: a. SB’s evidence confirms he shopped at [the supermarket] that day and...

8. LT v B Ltd [2024] NZDT 690 (13 November 2024) [pdf, 97 KB]

   ...of this dispute, other than to seek the assistance of this Tribunal. 18. B Ltd has accordingly failed to show the claim was frivolous or vexatious. Referee: S Simmonds Date: 13 November 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...

9. Q Ltd v SN & TT [2024] NZDT 628 (19 August 2024) [pdf, 104 KB]

   ...$1,600.00 by 11 September 2024. Background 1. The claim seeks payment for mortgage broking services. 2. Q Ltd (BS) says that it provided services to SN and TT subject to terms and conditions, including a term that: If any work is performed by us and any approval or acceptance offer is obtained from the insurer or lender, we may charge a fee for each which you will need to pay if the insurance or loan is not availed or does not proceed. […] The fee is usually based on the a...

10. SM v H Ltd [2025] NZDT 261 (10 June 2025) [pdf, 179 KB]

    ...6. Because I was not satisfied on the evidence provided that TI caused the damage to [Canoe 2], the claim of $5,500.00 for [Canoe 2] is dismissed. N Wolland Disputes Tribunal Referee 10 June 2025 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...