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1. IB v TT [2024] NZDT 588 (29 July 2024) [pdf, 172 KB]

   ...took place on 23 May 2021. Around four months later, the buyer noticed a leak in the lower-level garage during heavy rain through a hole in the concrete wall. She consulted plumbers but they could not provide a satisfactory solution. Eventually she formed the view that some wooden planks on the floor of the garage must have been installed to channel water out of the garage. She investigated further, and came to the conclusion that the seller had installed the planks and knew about the leak...

2. IR v ST LCRO 203 / 2010 (9 March 2012) [pdf, 190 KB]

   ...formal advice as to the strategy to be adopted renders Mr SF’s conduct unsatisfactory. Mr IR had demonstrated his ability by his earlier efforts on his own behalf. In addition, the die was cast to a large extent, when Mr SF was presented with a request to represent Mr IR at the second Family Court hearing for which a date had already been scheduled. [79] The criticism of the Court of Appeal was that Mr IR had not pursued his application for leave to Appeal to the Court of Appeal...

3. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...the International Covenant on Civil and Political Rights and with art 27, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Limitation on civil proceedings - section 27(3) 9. Clause 21(3) of the Bill excludes damages or any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under the Bill. 10. I have considered the potential application of s 27(3) of the Bill of Rights Act, namely the right to bring civil proceedi...

4. Waitangi Tribunal - District 13 Part 1 Northern South Island [pdf, 4.1 MB]

   ...the Tainui iwi Ngai Tara-pounamu, and possibly by remnants of Waitaha, and even a few Ngati Kuia. Tasman Bay had several small communities of Ngai Tara, and possibly remnants of an early WaitahaJRapuwai occupation. Golden Bay and the West Coast formed the takiwa of Ngati Wairangi, a tribe which had migrated there from the Whanganui district. This pattern of occupation was altered significantly in the sixteenth century by more intensive Ngai Tara settlement, and by the arrival of two...

5. ABR v ZYN and ZYM [2013] NZDT 35 (20 May 2013) [pdf, 91 KB]

   ...Ltd SECOND RESPONDENT Date of Order: 20 May 2013 Referee: Referee Edison ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZYN Ltd shall pay ABR Ltd the sum of $5,442.56 by 4pm on 3 June 2013. The claim against ZYM Ltd is dismissed. Facts [1] LG owns and runs a dairy in [a place] with his wife. The business is operated through their company, ABR Ltd. On Wednesday 12 December 2012, the business premises were forcibly broken in...

6. King & Bailey [2011] NZWHT Auckland 2 [pdf, 92 KB]

   ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The assessor’s report dated 27 October 2010. The eligibility check list from the Department of Building and Housing The claimants’ submissions to the Chief Executive dated 18 August 2010 The letter from Laura Tait o...

7. LA - Part 2 - Areas of Law Waitangi Tribunal [pdf, 777 KB]

   ...for each area or category. Case examples should be cases where you played a substantial and active role. Examples need to demonstrate substantial and active involvement across the range of cases. Please complete the Waitangi Tribunal Case Examples Form. You must provide the following case examples: • Provide at least three examples of substantial Waitangi Tribunal proceedings. • Each example must demonstrate that you had a substantial and active involvement in the case. • all...

8. K&B Partnership v JC [2016] NZDT 1345 (14 April 2016) [pdf, 184 KB]

   ...further issues regarding compensation, if any, that arise under the WACA that would have arisen had I found the animal to have been shot on DOC land. Referee: J Costigan Date: 14 April 2016 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to a...

9. BL v GG Ltd [2022] NZDT 200 (5 December 2022) [pdf, 176 KB]

   ...2. The issues I must decide are: a. Is BL entitled to cancel her one-year gym membership with GG Ltd? b. If yes, is the amount claimed reasonable? Is BL entitled to cancel her one-year gym membership with GG Ltd? 3. A contract is formed when two parties exchange something of value. In this situation BL paid $2330.00 for a one-year gym membership at GG Ltd. 4. BL states she did not sign any paperwork when she agreed to pay for the one-year membership. She states she n...

10. QD & SC v NU [2023] NZDT 756 (12 December 2023) [pdf, 207 KB]

    ...and SC had to purchase cladding and flashings. 24. The cost the cladding and flashings is proven. 25. NU is liable to QD and SC for that amount. Referee: Nicholas Blake Date: 12 December 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 r...