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1. HC v X Ltd [2023] NZDT 391 (13 September 2023) [pdf, 207 KB]

   ...showers were incorrectly installed so they each had the same leaking issue. 2. HC claimed the vendor’s breached the contract by failing to obtain building consent for the work on the showers. He claimed to be reimbursed for the work he had performed in both bathrooms. 3. The issues to resolve the claim are; (a) Did X Ltd breach the vendor’s warranty that it caused works to be done without obtaining a building consent when one was required? (b) If so, was the loss that H...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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

7. EI v P Ltd [2025] NZDT 253 (17 July 2025) [pdf, 131 KB]

   ...to a third party or did EI breach the contract when he did not collect it by 10 am the day after he purchased the washing machine? 6. A contract is a binding enforceable agreement. The terms and conditions must be agreed before the contract is formed. Unless there were any conditions of sale, once it was paid for, EI owned the washing machine. P Ltd had an obligation to make all reasonable attempts to allow EI to take possession of the washing machine before disposing of the machine....

8. CB v DS LCRO 61/2017 [pdf, 91 KB]

   ...been subject to privilege. That means that if Ms H did not waive her privilege, any response from Ms DS could not be disclosed to Mrs CB in any event. Mrs CB says it is most unlikely Ms H would waive her privilege. Although this Office could request information, it is possible to proceed from the basis of what can be ascertained from the uncontroversial information made available in support of Mrs CB’s complaint and review application. [18] It is reasonable to assume that Ms DS...

9. Wai 3300 2.5.018 Decision on applications for urgency [pdf, 536 KB]

   ...1194 (Wai 3300, #3.1.20); and i. A memorandum of counsel filed on behalf of Professor Margaret Mutu (Wai 3300, #3.1.22). 5. Party status will be confirmed in subsequent directions. 6. Some submissions also considered the Crown’s application requesting that certain documents be kept confidential. 7. In addition to the submissions received from parties, the Tribunal has had the benefit of an urgent hearing to discuss the applications for urgency on Monday 8 April 2024. The p...

10. [2022] NZACC 161 – Hume Pack n Cool Ltd v ACC (18 August 2022) [pdf, 269 KB]

    ...by Hume in relation to the Corporation’s decision of 9 September 2019. [10] As a result of the review application, the Corporation developed an internal Operational Policy to provide guidance when exercising its discretion when an employer requested the retrospective application of MCUs. The policy was framed in the context of sections 170 and 237 of the Accident Compensation Act 2001 (the Act), and in light of the following organisational and operational considerations: Organi...