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1. Central Standards Committee 3 v Hunt [2023] NZLCDT 12 (28 April 2023) [pdf, 278 KB]

   ...Committee Ms A Cupples for the Practitioner 2 DECISION OF THE TRIBUNAL ON PENALTY The perils of acting for both parties [1] This case concerns the difficulties that can be faced by a lawyer in a smaller urban centre when requested to act for both parties in a transaction. [2] The principle that emerges from an examination of Mr Hunt’s conduct and past practices, is that, when faced with the possibility of acting for more than one party to a transaction,...

2. The Waitangi Tribunal Strategic Direction in 2020 [pdf, 7 MB]

   ...reorganised the unit’s teams with a focus on core staff capabilities, a diversified skill set, and technical leadership. We have improved our ability to match resources to emerging needs, thereby delivering effective support to both established and new forms of inquiry, in particular the issues prioritised for rapid action. Looking ahead, we are well positioned to support the Tribunal’s updated strategic goals focusing on completion of the final district inquiries and the develop- ment...

3. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...notes of a telephone conversation on the following day between the Clerk-Assistant and Crown counsel, Mrs Roanna Chan, about the matter. [23] On the following day, 18 September, the Clerk-Assistant e-mailed Crown Law “a refined draft” with a request that the earlier draft document be disregarded. I refer to this as the second preliminary draft. It appears that the plaintiff was then unaware of these interactions between the Clerk and Crown Law but it is not surprising that the...

4. SN v BN Ltd [2017] NZDT 1456 (6 July 2017) [pdf, 206 KB]

   ...like” in responding to Mr N’s original insurance claim. What sum, if any, must BN pay to Mr N? 11. At common law, the purpose of damages for breach of contract is to put the innocent party in the same position as if the contract had been performed. However, the innocent party cannot recover loss that could have been avoided by taking reasonable steps to mitigate the loss, such as accepting a lower comparable quotation. 12. Mr N is entitled to a vanity of comparable quality and fi...

5. HF v IU Ltd [2021] NZDT 1566 (28 July 2021) [pdf, 198 KB]

   ...Ltd, DD’s travel agent. Due to Covid the conference and flights were cancelled. HF asked IU Ltd to hold his airfares as a credit. However, [Airline] then issued refunds for the airfares, which IU Ltd credited back to DD’s travelcard. HF was not informed of this, and discovered the refund significantly later, when he was no longer able to use the money for his [continuing education]. 2. HF claims the sum of $6,425.00 for the cost of the tickets. 3. The issues to be determined are...

6. EI v JM Ltd [2023] NZDT 637 (6 November 2023) [pdf, 92 KB]

   ...water should enter the air filter at all and that the air filter should be regularly checked but at most no later than every 12,000km. Mr Q found that the flange was loose and that there were corrosive holes around the flange. He found there to be deformation to the air filter element to approximately 40-50%. He advised that in his opinion this deformation occurred over time and was not the result of one event. 8. I agree and accept Mr Q’s evidence that this was gradual deformation...

7. BW v NK [2024] NZDT 27 (19 February 2024) [pdf, 94 KB]

   ...advertisement that the car was “in reasonable condition”, and that this was a “genuine sale”. I do not however accept that either of those statements are misrepresentations on these facts. I say that because neither is of a kind that provides information about the mechanical integrity of the vehicle. This is the basis on which BW says the car has been misrepresented to her, so the Tribunal would need to be satisfied a false statement was made specifically about mechanical integrity...

8. SG v UT [2023] NZDT 78 (1 March 2023) [pdf, 96 KB]

   ...a total of $86.00. This sum is also allowed. 11) The applicant is awarded the total of the sums referred to in paragraphs 8-10 above. This is $1,476.00. Referee: GP Rossiter Date: 1 March 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 reh...

9. FN v Y Ltd [2024] NZDT 58 (12 February 2024) [pdf, 146 KB]

   ...Can FN get a refund of her $90.00 Disputes Tribunal filing fee? 15. The Tribunal has no ability to refund the filing fee. This claim is dismissed. Referee: K O’Shea Date: 12 February 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 rehe

10. AX & KX v WB [2023] NZDT 246 (20 April 2023) [pdf, 201 KB]

    ...Conclusion 14. For these reasons, I have concluded on the balance of probabilities that WB is to pay to AX and BX the sum of $637.23. Referee: J Robertshawe Date: 20 April 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