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1. Cunliffe & Cunliffe v Helensville Primary School Board of Trustees (Costs) [2024] NZHRRT 28 [pdf, 173 KB]

   ...REPRESENTATION Mr RD Cunliffe and Ms RV Cunliffe in person Mr M Hutcheson and Ms L Wilkinson for defendant DATE OF HEARING: 28 – 29 August 2023 DATE OF DECISION: 31 May 2024 DECISION OF TRIBUNAL ON COSTS1 [1] Mr and Ms Cunliffe claimed that the Helensville Primary School Board of Trustees (the Board) interfered with their privacy by refusing information privacy requests that they 1 This decision is to be cited as Cunliffe & Cunliffe v Helensville Primary School...

2. Holmes [pdf, 89 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 submission dated 31 December 2009 from Mr and Mrs Holmes to the chief executive. The assessor’s report dated 20 November 2009. The letter from John Bansgrove of the Department of Building and Housing to t...

3. De Marco v Accident Compensation Corporation (Costs on Appeal) [2025] NZACC 27 (17 February 2025) [pdf, 230 KB]

   ...the conduct of the proceeding; and (c) necessary for the conduct of the proceeding; and (d) reasonable in amount. Discussion [11] In her second application, notwithstanding Ms De Marco expresses her claim for costs as disbursements, the sum claimed appears to be in the nature of a claim for damages involving in part a claim for pain, stress and suffering in consequence of the way she feels she has been treated by the Corporation. [12] A claim for costs on appeal by a successfu...

4. [2021] NZEmpC 35 Radford v Chief of New Zealand Defence Force [pdf, 415 KB]

   ...Zealand Defence Staff (Washington). The move was an internal one and the position was not advertised, but a new employment agreement was signed. [16] Ms Radford worked as a Personal Assistant until she successfully requested a return to her former position. Her return was effective from 20 August 2012. Another employment agreement was signed to record the move back to working in the Finance/Administration role. [17] In what would begin the final stage of Ms Radford’s empl...

5. T ltd v EJ [2019] NZDT 1436 (28 August 2019) [pdf, 148 KB]

   ...refused to pay the invoice as he believes he did not enter a contract with T Limited. 2. T Limited claims the amount of $4,740.40 from Mr J, being the amount of the unpaid invoice. 3. The issues to determine are: a. Was a contract formed between T Limited and Mr J? b. If so, what were the terms agreed? c. Did Mr J breach the contract by not paying the amount invoiced? d. If so, what if any amount is Mr J required to pay T Limited? Was a contract formed between T...

6. BQ v XB & TB [2021] NZDT 1637 (7 October 2021) [pdf, 196 KB]

   ...that spelling but is otherwise identical. 1. BQ and his wife want XB and TB (XB and TB – the latter joined during the hearing as confirmed in the above order) to pay for repairs to their sealed access road/driveway which they say has become deformed due to the roots of trees on XB and TB’s property. In the claim filed BQ sought $29,000 but has provided a number of different costings regarding different types of repairs to various standards and which are all under $30,000. I have e...

7. TU v I Ltd & NT [2024] NZDT 504 (19 June 2024) [pdf, 104 KB]

   ...so, whether TU is entitled to a remedy, and if so the remedy he is entitled to; (d) Who is liable to pay TU. Was there a binding contract for the sale of the coffee machine to TU? CI0301_CIV_DCDT_Order Page 2 of 4 9. For a contract to be formed, the elements of a simple contract must exist. These are offer, acceptance, consideration (an exchange of value, or a promise to exchange value), and an intention to create a legal relationship. 10. I find a contract was formed for the...

8. CN v B Ltd & ors [2024] NZDT 471 (31 May 2024) [pdf, 191 KB]

   ...‘signed’ acknowledgement from the customer to this effect. Allowing for the modern realities as to the manner in which contracts are entered into, I consider a ‘signed’ acknowledgement could be electronic, by way of completion of an on- line booking form. 10) The applicant says the relative booking was made by phone, and followed up with texts. The respondent says that its booking form (with its standard terms and conditions attached) was completed and it has submitted document...

9. Brooking v Henderson - Wharekahika A47 (2022) 110 Tairawhiti MB 238 (110 TRW 238) [pdf, 497 KB]

   ...Trustee and other elected trustees. The Māori Trustee’s administration over the trust ended in December 2018 and a separate group of trustees took over management of the trust. I was nominated and appointed as a trustee in February 2015 and formally appointed by the Māori Land Court in October of 2015. I was voted in as Chair in May 2016. Since my appointment as Chair, we have held numerous trustee hui and have held AGM’s in all years except 2017 as we were awaiting a report...

10. [2017] NZEnvC 168 Mawhinney v Auckland Council [pdf, 2 MB]

    ...Decision. [4] SUB-2008-570 was an application to the Waitakere City Council (to which the Auckland Council is successor) in 2008 for a 15 lot subdivision and SUB-2008-571 for a 75 lot subdivision. The applications for declarations 4 and 6 relate to the former, application 44 relates (indirectly) to the latter. Declaration 4 [5] 2 The declaration sought is: Four applications were set down for hearing but one (for declaration 45) was withdrawn prior to the hearing. Described i...