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1. 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...

2. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

   ...Kent and [the RN] have differing recollections of whether a cross- checking procedure occurred. 3. Dr Kent stated that he stopped and took some time to consider what to do, before talking to Mrs Ashworth about it. Dr Kent told HDC that he then informed Mrs Ashworth of the options available to her, and believed he obtained her consent to proceed with the KAMRA inlay in her left eye. Dr Kent then inserted the KAMRA inlay into her left eye. [8] The Commissioner found Dr Kent breached the...

3. Heath v Auckland Council [2012] NZWHT Auckland 20 [pdf, 193 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000064 [2012] NZWHT AUCKLAND 20 BETWEEN GLEN JOSEPH HEATH AND MICHELLE SUZETTE HEATH Claimants AND AUCKLAND COUNCIL (formerly known as NORTH SHORE CITY COUNCIL) First Respondent AND LYNETTE GAY HART (NEE BOLTE) Second Respondent AND DAVID GRAHAM DELAMARE (Removed) Third Respondent AND THORNE DWYER STRUCTURES LIMITED Fourth Respondent AND ROBERT LESLEY REID Fifth Respondent AND JULIAN MATTHEW WOUL

4. Larnark v Kirby LCRO 44 / 2010 (1 October 2010) [pdf, 83 KB]

   ...Proceedings were issued by the Practitioner on behalf of the Applicants on 1 May 2008. Subsequently, it was decided that an amended Statement of Claim was required and this was prepared and filed on 10 November 2008. In addition, the Practitioner formed the view at a later date, that the proceedings should be transferred to the High 2 Court due to the fact that the Applicants‟ claim included matters relating to the Bill of Rights and breaches of the rules of natural justice....

5. ADC v ZWY [2009] NZDT 199 (31 July 2009) [pdf, 76 KB]

   ...garments as an outworker for ADC’s clothing manufacturing and retail business. On 5 June 2009, ADC collected ZWY’s work from her home and paid ZWY’s invoice for the work totalling $178.00. On 9 June 2009, ADC left a phone message for ZWY informing her that she was stopping the payment because the garments she had sewn were not of the required standard and that she would no longer be using ZWY for any further work. [2] ZWY is now claiming payment of her invoice and ADC is...

6. [2022] NZREADT 22 — QQ v REAA (CAC 1902) & NQ (25 October 2022) [pdf, 171 KB]

   ...not on any representation made by the vendor or by any person on the vendor’s behalf. The purchaser will raise no objection to, or requisition in respect of, the Property, its condition or any matters affecting the Property. [12] Disclosure forms notifying defects in the property were signed by prospective purchasers before bidding at the auction. Certain defects were disclosed. The bidders acknowledged having been: …told that there may be a leak in the upstairs bathroom fr...

7. OIA-98286.pdf [pdf, 135 KB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 contactus@justice.govt.nz | www.justice.govt.nz 2 September 2022 Our ref: OIA 98286 Tēnā koe Official Information Act 1982 request: Advice provided to Tenancy Tribunal Adjudicators Thank you for your email of 11 August 2022, requesting information on any advice provided to Tenancy Tribunal (the Tribunal) adjudicators with respect to handling meth related claims...

8. [2011] NZEmpC 120 Bourne, Conrad, Turner and NZ Merchant Service Guild Industrial Union of Workers Inc v Real Journeys Ltd [pdf, 305 KB]

   ...4 [2007] ERNZ 271. 5 At [43]. a statutory requirement to provide a properly particularised statement of claim. In that sense, it reinforces the general requirement that a statement of claim should fully, fairly and clearly inform the Court and the defendant of the nature and details of the claim, the relief sought and the grounds upon which it is sought. 6 While proper pleadings play a very important part in ensuring that proceedings are decided fairly and econo...

9. MX & MY v F Ltd [2023] NZDT 622 (17 November 2023) [pdf, 103 KB]

   ...what is the remedy? Did the company fail to exercise reasonable care and skill and/or fail to provide an outcome that was reasonably fit for purpose? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be performed with reasonable care and skill. Broadly “reasonable” means the standard of care and skill a reasonable consumer would expect of a reasonable service provider. The guarantee under section 29 of the CGA requires that services and any pro...

10. BI v N Ltd [2024] NZDT 749 (8 October 2024) [pdf, 225 KB]

    ...amount of discolouration is bound to be present, especially after more than a year of use. 18. For the reasons outlined above, I dismiss the claim. Referee: DJ Dwyer Date: 8 October 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 for a reh...