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1. QQ & TO v FN [2024] NZDT 697 (29 November 2024) [pdf, 198 KB]

   ...reasons I find the advertisement does not misrepresent the bracelet and I must dismiss this claim. 8. I am not required to consider the remaining issue. Referee: C Murphy Date: 29 November 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 r...

2. QH Ltd v BD [2024] NZDT 283 (26 February 2024) [pdf, 172 KB]

   ...Therefore, this suggests that the cheaper repair option has not been totally satisfactory. BD is lucky that QH Ltd did not insist on a full replacement. Referee: Sara Grayson Date: 26 February 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...

3. LCRO 161-2016 XS v VS [pdf, 152 KB]

   ...Standards Committee determination (27 June 2016) at [7]. 2 At [9]–[11]. 3 … The Committee noted Mr XS’ obligation pursuant to rule 9.6 of the RCC to render a final account and the need for Mr XS to provide with the account sufficient information to identify the matter, the period to which it relates and the work undertaken. In the Committee’s view Mr XS had failed to charge a fee that was fair and reasonable for the services provided and breached rule 9.6 of the RCCC. The...

4. CG & XG v QC & KC [2025] NZDT 109 (4 March 2025) [pdf, 220 KB]

   ...transaction for the sale and purchase of real estate the principle of “buyer beware” will apply. However, the law and the contract itself may impose obligations which offset this presumption. 11. In this case the parties entered into a standard form contract for the sale and purchase of real estate. They used the 6thth edition of the ADLS/REINZ contract. The sale and purchase agreement does not contain a general warranty as to the condition of the property, any warranties as to t...

5. BE v YV [2014] NZDT 558 (22 May 2014) [pdf, 65 KB]

   ...trusting YV as a friend. [6] However, I am not persuaded on the evidence that the loans were made to YV or that YV was personally liable under the loan agreement. The moneys were paid directly into ABC’s bank account and to ABC’s suppliers. In requesting that the loans be made, YV appears to have been acting on behalf of ABC in his role as director. [7] I accept that BE was at least in part motivated by his friendship with YV when he made the loans. As an employee of ABC, BE ma...

6. Guidelines for Settlement Conferences [pdf, 216 KB]

   ...a proposed settlement offer. Preparing for a settlement conference It is useful to prepare a short position paper which sets out the issues in dispute and how you think the issues can be resolved. An example is available from the case manager on request. Any evidence you want to rely on in the settlement conference should be shared with the other party(s) well before the conference. Being transparent is an important part of negotiating. If you are seeking a cash settlement it is importa...

7. Paterson v Whangarei District Council [2012] NZWHT Auckland 18 [pdf, 168 KB]

   ...Council to satisfy itself that the drainage and waterproofing associated with the retaining wall would be code compliant, and there is nothing on the Council file to show that the Council could satisfy itself of compliance. The Council could have requested a producer statement, or certificates, but it appears not to have done so. [72] The inadequate drainage gave rise to damage from internal leaks and to likely future damage. The Tribunal has concluded that the Council breac...

8. Biester v Kingi - Te Ti B Part being Lot 17 DP 61631 (2025) 296 Taitokerau MB 177 (296 TTK 177) [pdf, 289 KB]

   ...18(1)(a) of the Act. It does not seek relief against cancellation of the lease pursuant to the Property Law Act. In that closing, Mr Tūpara makes an unusual submission that terminating the lease will leave Ms Biester homeless, which he says is a form of elder abuse. It is not clear how that relates to the applications filed or the relief sought. Despite that, the general tenor of Mr Tūpara’s closing submission is that: (a) the trustees failed to uphold their obligations to their...

9. [2025] NZEmpC 112  A Labour Inspector v Dao (No6) [pdf, 206 KB]

   ...legal fees. (d) The respondents may require the release of further funds and/or payments to be made from currently frozen bank accounts. Accordingly, the Labour Inspector will provide advice on the process to be followed for making such requests and will then facilitate appropriate requests promptly. [27] A review hearing will be held, if necessary, at 10 am on Wednesday 9 July 2025. The following timetable applies for that hearing: (a) The applicant is to file a memor...

10. Waitangi Tribunal Vol 2 Tauranga Moana [pdf, 9.2 MB]

    ...to the landscapes in which their whaka- papa (ancestry) embeds them. Their ancestral landscapes are those places made sacred by the lives and deaths of their ancestors. These landscapes include natural features such as forests and rivers ; physical formations such as mountains, valleys, harbours, and estuaries ; and cultural features such as pā, kāinga, mahinga kai, and wāhi tapu.27 The ancestral landscape defines the relationship between tangata whenua and the nat- ural environment ;...