Search Results

1. HI v UT [2025] NZDT 211 (5 May 2025) [pdf, 167 KB]

   ...elects not to have the wardrobe returned, then UT is to pay HI the sum of $3,300.00 on or before 30 May 2025. Reasons 1. In April 2024, HI purchased [address] from UT for $950,000. HI attended two open homes and also received a property information pack which included a pre inspection report dated 26 March 2024 which had been ordered on behalf of UT by his real estate agent. 2. The issues to resolve the claim are: a. Was the wardrobe a chattel or a fixture? b. Did UT...

2. Taueki v The Trustees of Horowhenua 11 (Lake) Trust (2011) 274 Aotea MB 191 (274 AOT 191) [pdf, 107 KB]

   ...supporting her position. [14] In addition, Ms Taueki argues that her action in engaging counsel was not to delay the proceedings, on the contrary. She says that additional time for her lawyer who had just taken the case on was required but claims that the judge hearing the application denied the request. However, Ms Taueki says that when Horizon filed briefs one or two days before the hearing an extension was granted. Finally Ms Taueki says that she could think of nothing that s...

3. NE v QB Ltd [2022] NZDT 135 (6 September 2022) [pdf, 234 KB]

   ...to buy the [N Vehicle]. The [N Vehicle] is a left hand drive car, and so its owner needed a left hand drive permit (LHDP) from NZTA in order to be able to register it in their name. NE says he CI0301_CIV_DCDT_Order Page 2 of 6 filled out the forms to apply for a LHDP. NE has not been able to provide copies of these documents to the Tribunal and QB Ltd dispute that they exist. 8. NE says that he and E agreed that the finance documents for the [N Vehicle] would be in E’s name.

4. EU v O Ltd [2023] NZDT 308 (8 August 2023) [pdf, 131 KB]

   ...Tribunal orders: O Ltd is to pay EU the total sum of $1680.00 on or before Tuesday 29 August 2023. Reasons: 1. By written contract dated 22 August 2019, EU was engaged by O Ltd as head coach. She was required to obtain a work visa to perform her duties under the contract. The contract was a contract for services and the contract term was for a period of two years but was able to be terminated by either party providing a minimum of six weeks’ notice of termination within the...

5. Stanley & Anor as trustees of the Lucy Stanley Family Trust v North Shore City Council [2011] NZWHT Auckland 20 [pdf, 194 KB]

   ...flashings inspections with EIFS cladding, or LAM application inspections, as it relied on certificates from the approved applicators. The defects with this house it submits were picked up on the final inspection or alternatively certificates were requested. The Council notes the failed final inspection recorded 19 items that needed to be addressed before a CCC could be issued and these included certificates from the cladding installer and the LAM applicator. [58] The standa...

6. [2010] NZEmpC 152 Smith v Life To The Max Horowhenua Trust [pdf, 52 KB]

   ...person without a referral, and where previously Ms Smith’s attention had been drawn to the requirements to work within the policies and procedures working with clients. (5) Insubordination by not providing performance appraisal information as requested. This referred to the repeated requests to meet and return a performance appraisal form. [16] A week later, on 2 April 2009, Ms Smith made her accusations of abuse and bullying in general terms. [17] A disciplinary meeting took...

7. KN & PN v V Inc [2023] NZDT 354 (11 August 2023) [pdf, 93 KB]

   ...but international carriage by air is governed in New Zealand by the Montreal Convention, which has been incorporated into New Zealand law by s 91C of the Civil Aviation Act 1990. The courts have held that the Convention regime is intended to be a uniform international code, and to be exclusive of any resort to the rules of domestic law. 7. Article 19 of the Convention states, “The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.�...

8. XD v G Ltd [2023] NZDT 432 (23 August 2023) [pdf, 94 KB]

   ...recall there are customer satisfaction programs in which they have been replaced free of charge for customers. 8. ND acknowledged that there had been issues with tip corrosion when the engines were not run long enough to heat up, so condensation formed. He said that there was a program for replacing them in [Continent], but not in New Zealand. Even if there were such a program, it is not proven that XD’s would be entitled to have his vehicle fixed under it. There is no contract betwe...

9. KX v M Ltd [2024] NZDT 803 (17 September 2024) [pdf, 93 KB]

   ...which has been appropriately calculated as the reduction in value from the original purchase price of the fridge based on its remaining expected life at the time of its failure, plus the reasonably foreseeable loss resulting from that failure in the form of a technician’s fee to assess the problem. Referee: J Perfect Date: 17 September 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something...

10. BORA Ngāti Whātua Ōrākei Claims Settlement Bill [pdf, 289 KB]

    ...consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act [6]. Exclusion of remedy of compensation/civil liability 9. Clause 24(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under Part 2 of the Bill. Clause 82 excludes various categories of civil liability that may otherwise arise from the dissolution of the two existing...