Search Results

1. BN v ZJ & H Ltd [2025] NZDT 78 (10 March 2025) [pdf, 155 KB]

   ...mounting a kerb and an embankment. The repairs are detailed and are consistent with the damage and for these reasons I find the amount claimed of $3706.68 is reasonable. Referee: C Murphy Date: 10 March 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...

2. [2020] NZEmpC 74 New Zealand Post Primary Teachers’ Association Inc v Secretary for Education [pdf, 237 KB]

   ...these differences between part-time and full-time teachers in the STCA gives rise to unlawful discrimination. In the proceeding the claim was that part-time teachers in secondary schools are paid less than full-time teachers even though they perform essentially the same work. The plaintiffs’ third amended statement of claim alleged that the STCA was therefore discriminatory and breached the Equal Pay Act 1972 (EPA), the Government Service Equal Pay Act 1960 (GSEPA) and/or the...

3. Waikato Bay of Plenty Standards Committee v Parlane [2011] NZLCDT 3 [pdf, 125 KB]

   ...particular relating to a family trust was concerned, the simple act of Mr Parlane producing relevant documents and explanations to the Standards Committee at an early stage of its investigation would likely have meant this particular would not have formed part of the charge the committee said; [c] It was also submitted that Mr Parlane adopted an obstructive attitude in dealing with counsel for the Standards Committee, refusing to enter discussion or to correspond in a constructive w...

4. C Ltd & D Ltd v TR [2023] NZDT 464 (22 August 2023) [pdf, 237 KB]

   ...2021. 5. In September 2021 emails and phone calls between B Ltd’s salesperson, NI, and TR were exchanged – B Ltd advised that ‘your pool is in stock’ and that an installation date was planned for the end of October. In early October NI informed TR of price increases and sent a document with revised prices, which TR reluctantly agreed to, communicating that the increase was disputed and writing “without prejudice” next to her signature on the updated contract. CI030...

5. BU v CU [2023] NZDT 639 (22 November 2023) [pdf, 186 KB]

   ...that the claim is not proven to the standard of “more likely than not”, and the claim must be dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: Nicholas Blake Date: 22 November 2023 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...

6. SW v IA [2023] NZDT 363 (28 June 2023) [pdf, 92 KB]

   ...is the remedy? Did IA induce SW to buy the cameras by misrepresenting that they had free lifetime cloud storage? 4. The general law of contract and the Contractual and Commercial Law Act 2017 (CCLA) apply. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware.” This implies that the buyer must be cautious, as the...

7. HT v Q Ltd [2024] NZDT 2 (5 January 2024) [pdf, 197 KB]

   ...of its invoice for $1,552.50. 4. The issues to determine are as follows: a) What are the relevant terms of the contract? b) Did Q Ltd overcharge HT for its cleaning services? What are the relevant terms of the contract? 5. A contract is formed when both parties decide to exchange something of value, creating an obligation to perform a particular duty which is legally enforceable. The terms of a contract define the rights and obligations of the parties. 6. HT said that she had e...

8. IU Ltd v NO [2023] NZDT 409 (26 July 2023) [pdf, 95 KB]

   ...after filing, which at 2% per month would be a windfall for the Applicant’s delay. 17. The Tribunal finds that the Respondent owes the Applicant $4,016.55. Referee: L Mueller Date: 26 July 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...

9. TD v T Ltd [2024] NZDT 451 (21 June 2024) [pdf, 213 KB]

   ...interpretation, its ordinary and natural meaning, is a rule that is generally applied by the courts. 9. Mr E explained that because the boundary is specifically referred to as a “residential boundary”, the implication is that there can be other forms of boundary such as the boundary around the perimeter of the lifestyle block. 10. He said, that clearly, “residential boundary” means the boundary adjacent to the residence or home. CI0301_CIV_DCDT_Order Page 2 of 3

10. NE v BO & TH [2025] NZDT 126 (10 March 2025) [pdf, 315 KB]

    ...for egress, and about seven double trailered truckloads of logs were extracted, the majority of which were the neighbours, with the balance NE’s. Parts of the old wire fencing was also removed. The existence and extent of any fencing agreement(s) forms the initial parts of the claim. The first concerning removal and restoration of the initial 5-10 metres is largely uncontested. However, TH disputes the existence of a second agreement concerning removal of a further 50 m of fencing. In ad...