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1. BS Ltd v UN [2024] NZDT 164 (11 April 2024) [pdf, 166 KB]

   ...the value of the materials required to remedy any defect only. Conclusion on Quantum 43. I have found that one of the rafters and the associated purlins need adjustment. I have also found that the roofing iron on the western elevation has deformed at the purlins due to the frame deflections and needs replacement. I have also found that the ridge capping requires replacement. 44. UN has provided a repair costing that addresses these concerns in the adjusted amount of $36,526.88....

2. Adams & Anor v Easthope & Ors [2014] NZWHT Auckland 10 [pdf, 67 KB]

   ...since the Tribunal decision dated 2 March 2012. In addition Mr Sayles has not made any submissions or provided any other information to suggest that there should be a change to the quantum orders made back in 2012. Mr and Mrs Adams however request that the interest awarded be updated and calculated through to the date of this decision. Cost of remedial work [8] Following the experts’ conference convened prior to the initial hearing the Council and the claimants agreed that...

3. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [pdf, 159 KB]

   ...itself be provided with reasonable care and skill, even if there is no extra charge for that advice. Section 29 of the CGA provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. [11] Based on the evidence before me, TYY through its agent TY failed t...

4. LT v TU Ltd NZDT 1363 (4 December 2019) [pdf, 206 KB]

   ...Ms T’s quite justified choice to look after a child rather than move her car, at the expense of the other party that had nothing to do with that situation. Referee: Date: 4 December 2019 CI0301_CIV_DCDT_Order Page 2 of 2 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 or a mistake was made. If you wish to apply...

5. Smitheram v Hanns [2010] NZWHT Wellington 24 [pdf, 483 KB]

   ...covered by the building wrap and is moisture stained. [63] There is moisture penetration through the LAM on the flat roof. The LAM is incomplete at the north end. [64] The west balcony has a ply substrate, LAM and tile finish. The balcony forms the roof of the living room. The internal gutter at the balcony is incomplete at the outer edge of the ply substrate and the transition through the balustrade towards the rain head. There is no drip edge and moisture is not preven...

6. [2021] NZACC 8 - Stryder v ACC (12 January 2021) [pdf, 140 KB]

   ...advising that the appellant’s weekly compensation would stop as of Monday, 17 June 2019. [6] The circumstances in which payment of those entitlements would be recommenced was explained in that letter. [7] On 17 June 2019 the appellant gave the requested consent, with the result that the payments of weekly compensation were not stopped at that time. [8] However, late on Friday 21 June 2019, the appellant sent an email to the Corporation indicating that they no longer had co...

7. Body Corporate 85927, 38 Roxborough St v Wellington City Council [2010] NZWHT Wellington 12 [pdf, 203 KB]

   ...cladding and membrane failure then questions of carelessness in application fade away. 61. On the matter of materials, Mr Walter stated the company initially quoted to do the cladding work in insulclad. Mr Walter said the company was then requested to “trim back” the quotation and was requested to do a quotation using a cheaper product, Alchemis. Mr Walter was a credible witness. He was not cross examined on this point. 62. His evidence is corroborated by a facsi...

8. Hourly-rates.pdf [pdf, 108 KB]

   ...should retain sufficient documentary evidence and records to be able to support each claim in the event of an examination and/or audit under the Legal Services Act 2011. As part of the Ministry’s assurance programs, evidence and records may be requested for the purpose of ensuring the work completed was actual and reasonable and the provider has fulfilled their legislative, contractual and professional obligations. Further information Further information on providers hourly rat...

9. Watson v Employers Mutual Limited (Strike-Out Application) [2020] NZHRRT 10 [pdf, 146 KB]

   ...DATE OF DECISION: 23 March 2020 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] Ms Watson was employed by the Capital and Coast District Health Board (CCDHB) as a nurse. In May 2012, while Ms Watson was still an employee, the CCDHB requested medical information about Ms Watson from Catalyst NZ Ltd (Catalyst). At that time Catalyst was managing ACC claims on behalf of the CCDHB, as part of the ACC Accredited Employers Programme. Ms Watson did not agree to Catalyst releasin...

10. [2023] NZEmpC 92 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 331 KB]

    ...on the particular points which needed further evidence. For the purposes of the unions’ challenge, Te Whatu Ora had filed an affirmation from Ms Vant, its junior counsel. She outlined the process that had been undertaken and provided some information as to why the public interest privilege had been claimed. At the hearing, senior counsel for Te Whatu Ora, Ms Casey KC, told the Court the defendant would be prepared to file further evidence elaborating on certain paragraphs of Ms...