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1. N Ltd and others v HB YA [2023] NZDT 44 (13 February) 2023.pdf [pdf, 221 KB]

   ...vendors receive notice concerning a fencing dispute that they failed to bring to the purchaser’s attention? If so, what loss can SI prove he incurred as a result? 20. At a final pre-purchase inspection the day before settlement, SI said he was informed by a contractor working on the adjourning property that the fence was not in the correct position as it was encroaching into the neighbouring land by half a metre. 21. Clause 9.1 of the contract provides that “the vendor warrants...

2. BC v BJ Ltd [2021] NZDT 1695 (12 December 2021) [pdf, 93 KB]

   ...Ltd breach the contract by treating each loss as separate event requiring an excess deduction before making a payment ? 6. NX’ position is that damage to each of the items was a separate event, which required an individual excess deduction. In forming this opinion, she pointed to the time frame the dogs were left alone, and a 4 July 2019 decision by the Insurance and Financial Services Ombudsman (the IFSO). In that case a dog had vomited and had diarrhoea damaging the carpet in the...

3. NN v TU Ltd [2019] NZDT 1433 (21 February 2019) [pdf, 189 KB]

   ...that TU Ltd was justified in towing her vehicle? 5. NN has provided evidence that proves both that she had purchased the required ticket and returned to her parking spot before it had expired – this is not disputed by TU Ltd. The contract formed by the combination of signage at the site and NN’s of terms and conditions by purchasing the ticket, includes the requirement that the ticket be displayed in a visible location within the vehicle. NN says she placed the ticket on the das...

4. KI v MA [2023] NZDT 385 (23 August 2023) [pdf, 92 KB]

   ...this was to be paid on the moving date. However, as the applicant did not pay the bond, no consideration for the contract was paid before the respondent withdrew the offer. c. The parties had not reached a state where both parties had intended to form legal relations on clear and certain terms. If so, did either party breach the contract? 8. As I do not find that there was a contract between the parties, there is no need for me to consider this issue. What payments, if any,...

5. KL v LT [2023] NZDT 244 (26 June 2023) [pdf, 196 KB]

   ...contract. For a contract to come into existence the elements of a simple contract must exist. The relevant elements are offer, acceptance, consideration (an exchange of values), and an intention to create a legal relationship. 5. A contract can be formed in writing or verbally. It is always easier to make a finding about what parties have agreed when they have put their agreement in writing. 6. KL says that in the period from 2016 to 2022 he advanced money to LT as an interest fr...

6. Waitangi Tribunal - issue 66 of Te Manutukutuku [pdf, 7.1 MB]

   ...mārama From the world of darkness moving into the world of light| Kei Roto | Inside The National Park Report 1 From the Chairperson 2 From the Acting Director 2 Recent Progress in Tribunal Inquiries 3 The Mangatū Remedies Report 6 Unregistered Claims 8 M ore than 200 attendees from Ngāti Tūwhare toa, Ngāti Rangi, and Whanga nui iwi celebrated as the Wai tangi Tribunal handed over Te Kāhui Maunga : The National Park District Inquiry Report at an emotionally charged ceremony...

7. Tautuku Block XIII Section 14 Trust v Cairns (2012) 16 Te Waipounamu MB 63 (16 TWP 63) [pdf, 178 KB]

   ...current trustees are Geroge Tikao, Graham Gremell, Natalie Hoani, Peter Roben and Richard Manning. 1 CFR OT 168/252; CFR OT168/251; and CFR OT168/249. 16 Te Waipounamu MB 65 [8] The blocks were formerly administered collectively by the Tautuku Waikawa Lands Trust. Applicants’ submissions [9] An application was lodged by the three Tautuku block ahu whenua trusts seeking orders for rental arrears, re-entry to and vacant po...

8. [2019] NZEmpC 178 Johnston v The Fletcher Construction Co Ltd [pdf, 340 KB]

   ...implementing an enterprise resource planning system known as the JD Edwards (JDE) software system. [8] The company’s decision to proceed with the proposal was communicated to Mr Johnston in a letter on 24 June 2016. At the same time he was informed that his job as Financial Controller was to continue until the JDE implementation affected his business unit at which point a “transition into the new structure” would occur. [9] Three days later, on 27 June 2016, Mr Johnston...

9. Gwak and Kim TRI-2020-100-006 [2024] NZWHT AUCKLAND 01 [pdf, 237 KB]

   ...house. [7] The relevant Act applying to this case is the Building Act 1991. All steps occurred before the passing of the new Building Act 2004. Compass Building Certification Limited [8] Compass was a corporate certifier, authorised to perform regulatory functions under s 51 of the Building Act 1991. It was audited by the BIA.1 It had quality manuals. It achieved annual renewals of its licence. 1 BIA was the Building Industry Authority responsible for, inter alia, re...

10. DA v WZ & WZW Ltd [2015] 761 (22 March 2015) [pdf, 83 KB]

    ...progress invoice but then in August 2013 received a further invoice with a $0 balance stating the job was 'parked'. It was at this point that she got more involved, attempting to source parts and when no further progress was made, she requested that her bike be returned. [4] WZ declined to return it assembled (it was in pieces) and DA lodged this Disputes Tribunal claim in August 2014. [5] The bike was returned to her, partially assembled in October/November 2014 (she...