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1. Cook v Department of Corrections [2023] NZHRRT 21 [pdf, 218 KB]

   ...therefore lack jurisdiction in respect of the second request.24 [80] Mr Tennet accepted that conclusion on jurisdiction but emphasised he drew this event to our attention in support of his submission that the Department’s responses to the two requests was evidence of a systemic failure to respond appropriately and lawfully to information requests. [81] We do not consider that the Department’s responses to the two requests provide an evidential foundation that supports Mr Tennet...

2. Hearn v Parklane Investments Limited [pdf, 178 KB]

   ...liability or in turn seek indemnity from others. PRELIMINARY ISSUES The Parties First and Tenth Respondents - Woodward Shelf Company No. 1 Limited and Mr Hayim Nachum [3] The first respondent, Woodward Shelf Company No 1 Limited, formerly Boulcott Investments Group Limited, previously known as Parklane Investments Limited (Parklane) was the previous owner and developer of the site on which the property is situated. Parklane took part in some of these proceedings,...

3. FH v GJ LCRO 87/2014 (7 Aug 2015) [pdf, 77 KB]

   ...[15] In addition to filing proceedings against Mr GJ and HK after the complaint was made, Ms FH also laid a complaint with the Police. The police complaint acknowledgement records the complaint as being that of “Theft (over $1,000).” Ms FH requested the Committee to defer consideration of Mr GJ’s complaint about her until these had been disposed of. The Committee nevertheless continued with its consideration of the complaint and its determination. [16] The disciplinary proc...

4. Form-44-Application-for-contempt-enforcement-proceedings-FINAL-9-December-2024.pdf [pdf, 496 KB]

   When should I use this form? This form lets you apply for a court order against the judgment debtor where they have the means to pay the judgment debt but are refusing to do so. Use this form if all the following apply: • you are the judgment creditor • the money owed in a judgment or court order has not been paid • you can show that the judgment debtor has the means to pay the debt but is refusing to do so. For example, a financial statement or financial assessment has been complet...

5. EJ v HL & BL [2020] NZDT 1330 (10 June 2020) [pdf, 192 KB]

   ...were present at the time of sale. 12. Ms J states that she had done less than 1,000kms of travel at the time she became aware of the defects, and that the float has spent most of its time in her ownership parked at her property. Whilst this information is not able to be subject to independent verification, the defects upon which the claim are based are not in the nature of fair wear and tear but are fundamental to the structure. Minor matters, such as a wheel bearing, safety chain...

6. DX & SX v TZ [2021] NZDT 1687 (27 May 2021) [pdf, 191 KB]

   ...grow. Conclusion 19. For all these reasons TZ is obliged to pay DX and SX the sum of $1,430.59 in accordance with the terms of this order. Referee: Malthus - DTR Date: 27 May 2021 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 rehe...

7. QN v NI [2023] NZDT 128 (12 May 2023) [pdf, 193 KB]

   ...claimed to be paid $6,349.61 for the costs he incurred to repair the property. 7. The issues to be resolved are: (a) Did NI agree to sell her house to QN? CI0301_CIV_DCDT_Order Page 2 of 4 (b) If not, did NI allow QN to perform work upgrading the property that she has been enriched by? (c) If so, what loss can QN show he has incurred that he is intitled to be compensated for? Did NI agree to sell her house to QN? 8. QN said that the agreement was that he...

8. KH v J Ltd [2024] NZDT 166 (5 February 2024) [pdf, 238 KB]

   ...to cancel the contract and obtain a refund of the money paid, or to claim the cost of repairs that he incurred elsewhere and so the claim must be dismissed. Referee: Souness - DTR Date: 5 February 2024 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 re...

9. CL & NN v BT & B Ltd [2023] NZDT 200 (22 June 2023) [pdf, 209 KB]

   ...if there had been. BT explained that he is a builder of some 30 years experience. 9. CL and NN presented a short written statement from HI, the director of D Ltd, who they say is a specialist in retaining and piling work, though no supporting information was presented on his qualifications, experience and/or expertise. HI’s company was contracted to carry out repair work at the property. He writes, “upon removing the concrete pad and fully exposing the foundations it became apparent...

10. QC v N Ltd [2024] NZDT 782 (24 September 2024) [pdf, 108 KB]

    ...to call Z as a witness, nor did he provide any explanation as to what then occurred in relation to the painting assessment. 9. In these circumstances I find it more likely that not that the final product was not reasonably fit for purpose. In forming this conclusion I considered the timing of the purchase, and when the painting was completed, and I gave some weight to the possibility that some minor damage to the paint on the walls might have occurred during the open homes. However, o...