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1. MI & ZM v B Ltd [2024] NZDT 435 (12 June 2024) [pdf, 195 KB]

   ...reasonable care and skill? • What remedy is available to the applicants? CI0301_CIV_DCDT_Order Page 2 of 4 Did B Ltd manage its credit/refund and booking processes with reasonable care and skill? 6. As the contract was formed in [Country], and because the Montreal Convention does not cover this aspect of an airline’s dealings with its customers, the Consumer Guarantees Act 1993 (‘CGA’) applies. 7. ZM also referenced the Fair Trading Act, but as the...

2. EFT v SQ [2019] NZDT 1357 (25 October 2019) [pdf, 195 KB]

   ...are EFT 's reasonable losses? Was Mr Q negligent in allowing his stock to make their way onto the highway? 4. I find that EFT have provided insufficient evidence to prove negligence on Mr Q's part. Section 5(2) of the Animal Law Reform Act 1989 states that, in determining whether or not a person is liable by way of negligence for damage caused by an animal straying onto a particular highway, consideration shall be given to the common practice in the relevant locality in r...

3. EN v IX Ltd [2022] NZDT 223 (30 November 2022) [pdf, 94 KB]

   ...of the doors. EN’s claim is therefore dismissed and IX Ltd are entitled to the balance due for the manufacture and supply of the doors and windows. Referee: R Merrett Date: 30 November 2022 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 reh...

4. NW & NG v TM Ltd [2023] NZDT 579 (16 November 2023) [pdf, 115 KB]

   ...[2023] NZDT 579 APPLICANT NW and NG RESPONDENT TM Ltd The Tribunal orders: TM Ltd is to pay $7500.00 to NW and NG on or before 14 December 2023. Reasons 1. NW and NG contracted TM Ltd to provide concreting services in the form of a new concrete driveway covering 123sqm. A price of $21,975.00 was agreed and this included replacement of a section of the shared driveway. The contract price was paid in full by completion of the job. 2. The job took 20 days rathe...

5. HL Ltd v AH [2023] NZDT 490 (17 October 2023) [pdf, 178 KB]

   ...occurred on the facts of this case. As HL Ltd has not shown that the damage was caused by AH’s act of negligence, its claim is dismissed. Referee: Ms Cowie DTR Date: 17 October 2023 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...

6. DE v SC [2023] NZDT 499 (10 October 2023) [pdf, 205 KB]

   ...for the accident, and for the damage to both DE’s vehicle and to SC’s vehicle is the driver of [car 2]. 16. The claim against SC is dismissed. Referee: Nicholas Blake Date: 10 October 2023 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 reh...

7. XS v UQ [2024] NZDT 132 (19 March 2024) [pdf, 184 KB]

   ...7. The amount claimed is the final price for the work less an adjustment for depreciation of the wall. 8. The claim is proved. Referee: B M Smallbone Date: Tuesday, 19 March 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 rehe...

8. MM v N Ltd [2024] NZDT 503 (8 August 2024) [pdf, 173 KB]

   ...take into account that this was a second-hand vehicle. My view might be different if it was new. 9) In these circumstances the claim must be dismissed. Referee: GP Rossiter Date: 8 August 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 reh...

9. Practice directions

   PRACTICE NOTE: As Directed by the Adjudicator under clause 1 of Schedule 1 of the Motor Vehicle Sales Act 2003 On this page: Information that needs to be included with your application Adjournments Remote viewing of hearings Practice direction: Information that needs to be included with your application This practice direction sets out the policy and procedures of the Motor Vehicle Disputes Tribunal (MVDT) about the information that needs to be included with your application. You must provide

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   2. Motor Vehicle Disputes Tribunal

10. Ngati Rangitihi Claims Settlement Bill [PDF, 902 KB]

    ...of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Acts Whether right to bring civil proceedings in s 27(3) at issue 8. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 9. This clause might be seen to raise an issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring civ...