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1. KS v Q Ltd [2025] NZDT 16 (16 January 2025) [pdf, 115 KB]

   ...down as much it does when the 10kg weight is placed on the side of the mattress. b) The price paid is at the lower end of the mattress market. A reasonable consumer paying $549.00 for a king size mattress would not expect a very high level of performance from a mattress described as ‘firm’. c) KS purchased the mattress online and did not inspect or try the mattress. The mattress was listed as firm, however what is firm to one person may not be firm to another. KS did not make...

2. NX v KT [2024] NZDT 777 (3 December 2024) [pdf, 182 KB]

   ...of the fake bag she has retained. 16. For these reasons, I award damages of $1,186.00 to NX, which KT is to pay by the date set out in the order. Referee: Saegers DTR Date: 3 December 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...

3. SQ v U Ltd [2025] NZDT 185 (29 April 2025) [pdf, 244 KB]

   ...apply. 12. SQ also says U Ltd never asked him to add names. However, there is no obligation on U Ltd to ask him to add names – the obligation rests on the insured, namely SQ to tell U Ltd to add names. Other law 13. The Insurance Law Reform Act 1977 allows for exclusions under a contract of insurance to not apply if they are not relevant to the loss. However, there is a difference between an exclusion and there being no policy cover in the first place. In SQ’s case there wa...

4. Index to the Wai 1040 inquiry [pdf, 1 MB]

   ...Ruakaka, Takahiwai, Maungakaramea, Poupouwhenua, Motutere Island, Te Mahe and Waipu land blocks, and other lands taken for Public Works. Further concerns are coastal lands and the seabed around Bream Bay, fishing rights and mineral rights. The claim requests the return of land, some of which now appears to be in private ownership Status: Consolidated 1.1.0056(a) Wai 504, 1.1(a) Amendment Received: 5 Nov 99 1.1.0057 Wai no: 510, 1.1 Date of SOC: 28 Apr 95 Date received: 09 May 95 Claimant: A...

5. Guide to Practice & Procedure 2023 (Te reo Māori) [pdf, 945 KB]

   ...tukuna rā i raro i te mana o Wāhanga 5(9) me (10) o te Treaty of Waitangi Act 1975 E whakakapi ana tēnei Tuhinga Ārahi i ngā tuhinga ārahi e whai ake nei : . ‘Mediation’, 18 Mahuru 1990 . ‘Translations’, 29 Pipiri 1991 . ‘Claim Terminology’, 1 Hōngongoi 1991 . ‘Claim Priorities’, 18 Hōngongoi 1991 . ‘Negotiations and Settlements’, 22 Hereturikōkā 1991 . ‘State Enterprise and Education Lands’, 5 Mahuru 1991 . ‘Procedure’, 1 Whiringa-ā-rangi...

6. AET Ltd v ZVB Ltd [2013] NZDT 196 (3 August 2013) [pdf, 54 KB]

   ...cut out of three joints. The sealant depth in two joints was satisfactory; however, the sealant in the third joint was found not to be deep enough. AET Ltd remedied the problem by putting more sealant over the existing sealant. [4] AET Ltd claims the outstanding sum of $4,224.69 plus $1,249.07 in interest and costs. [5] After some discussion, the parties agreed that the sealing depth should be half as deep as the width of a joint with a specified minimum depth. Is...

7. [2025] NZREADT 08 - OQ v Knowles & Maclean (21 March 2025) [pdf, 327 KB]

   ...encountered were related to the way in which the ASP was drafted. [63] Mr Praat refers to KD v Donaldson,2 where the Tribunal set out guidelines regarding the progression of a compensation referral in the Tribunal. He submits that the findings which formed the basis of the Committee’s determination that the licensees were in breach of their statutory duties to exercise skill, care and competence, is available for the Tribunal to form a similar finding that such acts and omissions...

8. C Ltd & B Ltd v SU [2024] NZDT 28 (1 February 2024) [pdf, 153 KB]

   ...26. I find that the way in which B Ltd dealt with the quoting and subsequent invoicing of this job was likely to mislead SU. 27. B Ltd made a representation that “…. we could do this for $19,979.09 + GST.” This was in response to a request by SU for B Ltd to have a look at “the quote for any savings that could be made….” 28. The quote which SU asked B Ltd to look at included the price for not only the roofing work, but also the spouting and scaffolding work....

9. Body Corporate 81738 v Wellington City Council [2010] NZWHT Wellington 15 [pdf, 205 KB]

   ...details of the various repair costs as particularised by the Claimants. Consequential Damages [63] The claimants also seek consequential damages being interest incurred by the claimants with the cost of remedial work carried out at their request. There is a further claim for general damages. 21 Special Damages [64] In Taylor v Auto Trade Supply Ltd & Anor13 the High Court discussed matters pertaining to special damages. In that case, the Court al...

10. IB v IY [2016] NZDT 1407 (25 Feburary 2016) [pdf, 96 KB]

    ...is claiming for the lower of these estimates. 10. Accordingly IY is liable in negligence for the estimated cost of repairs to IB’s car of $1,846.44. Referee: E Paton-Simpson Date: 25 February 2016 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 or a mistake was made. If you wish to apply...