Search Results

1. Geary v Accident Compensation Corporation [2013] NZHRRT 34 [pdf, 293 KB]

   ...INTRODUCTION [1] This case is about two information privacy principles. First, the principle that where an agency holds personal information about an individual, that individual is entitled to have access to that information (Principle 6) and to request correction of the information. Second, the principle that an agency which holds personal information cannot disclose that information unless the agency believes, on reasonable grounds, that disclosure of the information is permitted by...

2. 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...

3. LCRO 35/2021 ZN v YM and XL (16 December 2021) [pdf, 237 KB]

   ...October 2020, Ms ZN provided legal services to an Incorporated Charitable Trust which traded under the name [WKJ] [(WK)]. 2 [5] In July 2020, Ms YM was invited to take up a position that had become vacant on the [WK] board. Her position was formalised on 2 September 2020. [6] At the time of Ms YM’s appointment, Ms ZN was engaged by [WK] in defending proceedings that had been brought by a former employee of [WK] in the Employment Relations Authority (ERA). [7] Request was ma...

4. EG & SG v BT & MT [2024] NZDT 365 (18 June 2024) [pdf, 152 KB]

   CI0301_CIV_DCDT_Order Page 1 of 2 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 365 APPLICANT EG and SG RESPONDENT BT and MT The Tribunal orders: The claim is struck out. Reasons [1] EG and SG claim that their neighbours, BT and MT, have erected screens in BT and MT’s property near the parties’ joint fence. EG and SG find these unattractive and aesthetically displeasing. EG and SG also object that BT and MT have...

5. EMPC - Pro bono assistance service application [pdf, 296 KB]

   Employment Court Pro Bono Assistance Service Application Form Information for applicants – please read before completing this form This form is for people who are representing themselves, or are represented by others who are non-lawyers, in employment proceedings before the Auckland Employment Court. The Employment Court Pro Bono Assistance Service (the Service) provides free assistance with preparation and filing of the initial Court documents (either a Statement of...

6. DE v X Ltd [2025] NZDT 129 (11 February 2025) [pdf, 187 KB]

   ...a refund of $190; (d) Whether DE is entitled to an award for the filing fee and time. Was the term of the contract as to the price for shipping varied by agreement? 5. Parties to a contract are bound by express terms. Terms of a contract are formed before or at the time the contract is formed. Contract terms may be varied during the contract by agreement of both parties. It was a term of the contract that the shipping cost would be $199. 6. I find that the shipping cost was not...

7. 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...

8. 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...

9. 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,...

10. 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...