Search Results

1. Steele v Board of Trustees of Salisbury School [2012] NZHRRT 20 [pdf, 83 KB]

   ...person Mr DM O’Neill for Defendant DATE OF HEARING: 16 December 2011 and 23 January 2012 DATE OF DECISION: 7 September 2012 DECISION OF TRIBUNAL Introduction [1] The case for Mr Steele is that when on 19 November 2010 he made a request under information privacy principle 6 for access to personal information about him held by the Board of Trustees of Salisbury School, the Board failed to make a decision on that request within the time limit fixed by s 40(1) of the Pr...

2. SX v TO [2022] NZDT 43 (21 March 2022) [pdf, 207 KB]

   ...warranties or trading protection (for example, the Consumer Guarantees Act 1993 or the Fair Trading Act 1986). 4. The law relevant to this claim is the general law of contract and the Contract and Commercial Law 2017. A contract is a binding agreement formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. The general position is that the buyer must be...

3. CI v LU [2023] NZDT 786 (19 December 2023) [pdf, 176 KB]

   ...into it by a misrepresentation, whether innocent or fraudulent, made to that party by or on behalf of another party to the contract. In law, a misrepresentation is a false statement of past or present fact. 7. The contract between the parties was formed when the auction closed with the buyer as the highest bidder. The buyer suggested that the point of sale was 23 May on the basis that the auction contract lapsed due to being conditional on the warrant being passed. However, the conditi...

4. Paul v Doorbar - Pukepapa 3 (2020) 414 Aotea MB 16 (414 AOT 16) [pdf, 218 KB]

   ...together with David Doorbar and Alice Katene Doorbar, are now the trustees of the marae reservation. Robert Paul then resigned on 28 February 2019. Procedural history [8] The application was first heard on 20 June 2017.6 While I had received a request for an adjournment, as the trustees and the committee members of OHMC could not attend, the hearing proceeded with Ms Paul as a further fixture would not take place until later in the year. Ms Paul raised concerns about obtaining...

5. UW v XG Ltd [2024] NZDT 161 (16 April 2024) [pdf, 139 KB]

   ...compensation for the expense of making the gate, and also now has the gate in its possession. 27. For these reasons both the claim and the counterclaim are dismissed. Referee: L Trevelyan Date: 16 April 2024 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 f...

6. CI v KH Ltd [2024] NZDT 486 (18 June 2024) [pdf, 198 KB]

   ...with little rain and so it wouldn’t have known if the roof hadn’t been repaired properly. However he did not have any weather records to support this assertion which seems unlikely over a [Region] winter, and so in the absence of supporting information the rain records from [regional council] were looked up online during the hearing. While I appreciate that the records from [road] will not be exactly the same rainfall as that experienced at [property address], they are sufficiently cl...

7. HN v OB & G Ltd & I Ltd [2025] NZDT 120 (25 February 2025) [pdf, 139 KB]

   ...strong vibration” during the house demolition process. They were required to vacate during the tree felling, so cannot say what level of vibration occurred. 8. On 28 November 2022, HN noticed cracks on the kitchen ceiling along the line of the former wall. He notified the JV, and a member of the team came to inspect the property. HN says he told the representative that he did not expect the ceiling to be repaired until construction work was completed. He believes the JV accept...

8. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...that regrettable delay. 2 Background [3] The director of Company 1, Mr VL, instructed Law Firm 1 to act on the purchase of a commercial fishing vessel. Approximately two months later the boat was stolen, apparently by another party claiming ownership of the vessel. [4] Mr RG took steps in the District Court to remedy the situation and an agreement was reached about ownership. However Maritime New Zealand indicated that a High Court order was needed to amend the Registe...

9. Shihaku v Mizoguchi [2017] NZIACDT 7 (19 June 2017) [pdf, 172 KB]

   ...some tension between them. The principles are: [5.1] The Tribunal may regulate its procedures as it thinks fit. [5.2] Matters or complaints must be heard on the papers. [5.3] Despite the requirement to hear matters on the papers, the Tribunal may request further information from any person or request that any person appear before the Tribunal to make a statement or an explanation. [6] In some cases, the power to require persons to attend before the Tribunal has been necessary bec...

10. S Ltd v NG [2023] NZDT 669 (23 November 2023) [pdf, 166 KB]

    ...now seeks a refund of the $1,837.35 paid to her. 2. S Ltd’s claim was originally filed against NG, but N Ltd was joined as second respondent at the previous hearing since its name was used on the invoices. However, N Ltd’s representative ND informed the Tribunal and confirmed in the hearing that NG has no connection with that company and is unknown to ND. NG was the director of a company named NGD Ltd that was removed from the Companies Register in 2021. The correct respondent is the...