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1. XG v NG & BQ [2021] NZDT 1642 (3 November 2021) [pdf, 250 KB]

   ...foundation. XG said that when he talked to KU after he had carried out the inspection, he (XG) was only concerned to hear whether the house passed the earthquake test. He said that KU told him that there were no major issues with the house. He then informed the agent to proceed with the purchase. It was when his wife received the [Inspection Company] Report by email, after the contract was signed, that he heard about the issues with the house. He said that receipt of the Report l...

2. Black v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 202 [pdf, 243 KB]

   ...continued to receive earnings for another 52 weeks. [5] On 7 February 1997, Mr Black’s father made a call to the Corporation. The note of the call reads: Father rang for Jeremy. He is off work and queried for weekly compensation. They completed forms at the hospital with case manager. I advised I would request the file and send an ARC/3 to Jeremy’s employer. Jeremy has another ARC/18 and they will post this in. IP (injured person?) is residing in Rolleston. Employer Cante...

3. Te Ohu Kaimoana Trustee Limited v Te Rūnanga nui o te Aupōuri - application under s 182(4) Māori Fisheries Act 2004 (2015) 102 Taitokerau MB 1 (102 TTK 1) [pdf, 314 KB]

   ...relevant. Reliance is placed on an affidavit of Mr Haami Piripi filed in support. Mr Piripi is the current Chair of Te Rūnanga o Te Rarawa. Mr Piripi refers to a mana paradigm developed by Maori Marsden as a benchmark. That paradigm identifies three forms of mana. Mana tupuna (or atua) derived through ancestry and defined by genealogical relationships. Mana tangata, an expression of the inherited attributes of the individual and mana whenua/moana the ability to make decisions about...

4. [2012] NZEmpC 32 2012 French v ACC [pdf, 44 KB]

   ...2012] IN THE EMPLOYMENT COURT WELLINGTON [2012] NZEmpC 32 WRC 41/11 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for leave to extend time to file statement of claim BETWEEN MALCOLM FRENCH Plaintiff AND ACCIDENT COMPENSATION CORPORATION Defendant Hearing: (on the papers) Appearances: Ms Barbara Buckett, counsel for the plaintiff Mr Peter Churchman, counsel for the defend...

5. [2014] NZEmpC 146 Rimene v Doherty and Natusch Group Limited [pdf, 63 KB]

   ...“There is a lot of money at stake that has become an issue between them both." 3 In brief, Mr Doherty was engaged in the purchase and renovation of properties in New Zealand for rental and Mr Rimene began working for him. Later Mr Doherty formed Natusch Group Limited. One of the issues in the case was whether the Natusch Group Limited ever became Mr Rimene's employer. There were a number of other issues. Suffice it to say that the Authority concluded that Mr Rimene...

6. BX v FN Ltd [2018] NZDT 1505 (11 July 2018) [pdf, 208 KB]

   ...moving BX’s household contents from their residential tenancy address in [Suburb] to their new tenancy address in [City]. The email stated, “All your items will be fully insured while in transport. Please refer to our terms and conditions and inform us if you are interested in grabbing this deal.” The BXs booked the move for 15 and 16 January 2018, and paid FN Ltd’s invoice in advance. 2. BX now claims $4,498.99 for damage to a refrigerator, a gas heater, a coffee table and a sid...

7. CU v QD Ltd [2022] NZDT 48 (19 May 2022) [pdf, 216 KB]

   ...into the belief that turnaround could be on a next day, or next day plus additional day, basis. Accordingly I find CU’s claim does not succeed and is dismissed. Referee: W Lang Date: 19 May 2022 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 r...

8. HD v MN [2023] NZDT 491 (20 October 2023) [pdf, 186 KB]

   ...agreement upon his default. Initially, HD claimed $18,317.56, which he amended during the hearing to a claim for $8,758.78. Who were the parties to the loan agreement? 2. At the time the loan agreement was executed, HD was still married to his former wife, DD. HD and DD separated on 19 September 2022 and settled their relationship property in an agreement dated 31 March 2023. The last loan repayment made by MN was on 29 March 2022, which pre-dated this separation. 3. HD said al...

9. SN v UQ Ltd [2024] NZDT 349 (29 April 2024) [pdf, 102 KB]

   ...consumers. One example is that when providing services, the services must be provided with reasonable care and skill. This usually means that professional standards must be met. Advice about what work is necessary can often be separated from the performance of the work itself, if the person doing the work was not required to give advice in the circumstances of a particular case. Both advice and the performance of work are examples of services to which the CGA applies. 6. I note tha...

10. BT v TS [2025] NZDT 198 (22 May 2025) [pdf, 145 KB]

    ...may have been a private sale. Page 2 of 4 7. While I would regard ‘hobby’ breeders, who produce multiple litters of puppies over time and sell them, as being ‘in trade’ (contrary to [dog organisation’s] view), based on the information TS provided, I find that she does not fall into this category and therefore I regard the sale and purchase of [Puppy] as a private sale. That means that the provisions of the Fair Trading Act and the Consumer Guarantees Act do not app...