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1. IH v DD Ltd [2021] NZDT 1624 (12 July 2021) [pdf, 187 KB]

   ...Council letter noted that the downstairs area could not be rented separately. It also seemed to presume that the work had been done in the 1950s when consent was not needed. I am satisfied on the basis of evidence IH produced from the Council and a former owner that the work was in fact done sometime after 1997. 9. When DD Ltd re-advertised the property on Trade Me in November 2020, in order to get a back-up contract due to IH’s difficulties obtaining finance, it stated “The downstair...

2. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

   ...If not, are SG and LN entitled to compensation of $15,000.00 as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 5 What was agreed about the design of the Headstone? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking a...

3. 2019 archive

   ...legal aid provider application for Queen’s Counsel When court security arrangements prevent signing a legal aid application form Mileage rate increasing to $0.79 per km for invoices received from 5 August 2019 Legal aid invoices review – Updated forms (version 17) Returning Offenders Identifying calls from Legal Aid Services Witness costs Correspondence about Family Violence proceedings Changes to Family Violence Legislation Canterbury Earthquakes Insurance Tribunal proceedings eligible for...

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4. Te Manutukutuku 77 [pdf, 7.6 MB]

   ...plant variety rights regime, one of four issues heard in stage 2. The report was prioritised to provide the Crown with the Tribunal’s findings ahead of its introduction of legislation on this matter. In July, the claimants and Crown jointly requested Tribunal-led media- tion, an alternative pathway for the resolution of claims available under schedule  2 to the Treaty of Waitangi Act 1975. Led by Judge Damian Stone and Prue Kapua, in October 2020 the mediation succeeded in settli...

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...