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1. DR v BU Ltd [2022] NZDT 199 (22 November 2022) [pdf, 135 KB]

   ...respondent or as a result of a call to the respondent by the owner of the carpark or the person who holds a permit to park there. 8. The applicants raised several arguments that there were inconsistencies about the way the tow was conducted and the information they were given after the tow. While this may have been the case, this did not negate the respondent’s right to tow the applicants’ car from private land. 9. The applicants also told the Tribunal that the respondent had a g...

2. LCRO 40/2021 PT v UT and RL t/a Law Firm A (28 April 2022) [pdf, 266 KB]

   ...Mr HT. [3] Mr HT set up a trust, the CTG Trust (“the trust”). At the time the trust was established (2005), Mr HT was a client of a [City A] based law firm, [Law Firm B]. 2 [4] In 2014, [Law Firm B] merged with the firm [Law Firm C], to form the firm [Law Firm A] ([LAW FIRM A]). [5] In December 2011, Mr HT had executed his last will and testament. Mr HT’s will appointed Mrs YW (his wife) as a discretionary beneficiary of his trust. [6] [LAW FIRM A] acted for Mr SZ and...

3. NH & RL v A Ltd [2024] NZDT 873 (15 November 2024) [pdf, 174 KB]

   ...either of them to cancel the contract? If neither party breached the terms of the ASP so as to give rise to a right to cancel the contract, then did they enter into an Agreement on or about 31 August 2023 to cancel the contract? 4. A contract is formed when there is an offer and acceptance, there is consideration between the parties, and the parties intend to be legally bound. The terms of a contract must be known and agreed to because the terms of a contract set out the rights and obli...

4. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 KB]

   ...the Tribunal has the onus of proving his or her claim/counterclaim on the civil standard of proof which is the balance of probabilities (that is, that it is more likely than not). I would like to reassure the parties that I have considered all the information and evidence presented by them when making my determination on the issues, but this order only refers to essential evidence and information material to the issues and is not intended to be a full record of the hearings or of the infor...

5. Te Manutukutuku Issue 37 [pdf, 5.7 MB]

   Haralua/Pipiri 1996 Number 37 May/ June 1996 Taranaki claims could be largest T he Taranaki claims, grouped to­ gether, 'could be the largest in the country', according to the interim Taranaki report. The report states that 'there may be no others where as many Treaty breaches had equivalent force and effect over a comparable time.' The Tribunal estimates the area of lands wrongfully expropriated at just under two million acres. The report also states that the

6. IS v TM [2023] NZDT 270 (25 May 2023) [pdf, 186 KB]

   ...amount of rubbish from the property at her own expense, and had done a significant amount of cleaning, leaving the place tidier than when she moved in. She also argued that she had no obligation to cover the cost of another room, that had belonged to a former flatmate. CI0301_CIV_DCDT_Order Page 2 of 4 7. I accept that there was no agreement or obligation for IS to contribute to another room that she was not renting. While she did have an obligation to contribute to the clean up p...

7. NC & DC v T Ltd & HG [2023] NZDT 222 (19 May 2023) [pdf, 198 KB]

   ...NC and DC $3100.25 on or before 5pm on 19 June 2023. 2. HG is struck off this claim. Reasons 1. The first hearing was adjourned. After that hearing, T Ltd and HG contacted the Tribunal and requested that I make a decision based on the information provided in the first hearing and the file. NC and DC agreed to that request. 2. Both parties told me they understood and accepted I would not take into consideration any further evidence or information and there will not be anothe...

8. EZ v LH [2021] NZDT 1585 (6 July 2021) [pdf, 193 KB]

   ...reasonable opportunity to review those submissions and respond to them. 19. For these reasons LH’s counterclaim against EZ is also dismissed. Referee: K. Armstrong Date: 6 July 2021 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 r...

9. NS v TN & C Ltd [2024] NZDT 544 (4 July 2024) [pdf, 110 KB]

   ...His comment is a general statement and there is no evidence of this. In any event I must consider the specific claim, not whether such things generally happen. 12. However, this does not exonerate TN. His mistake was that he had different platforms and didn’t realise he accepted the booking until 30 November. I note moneys are held with C Ltd not the host until moneys are released by C Ltd to the host around the time of the client’s stay. 13. Accordingly, TN breached s28 o...

10. X Ltd v DN [2023] NZDT 282 (24 July 2023) [pdf, 180 KB]

    ...the Tribunal on 23 December 2022, the claim for the repair was made within the six year limitation period. DN is required to pay this amount, which is $1,955.00. Referee: M Wilson Date: 24 July 2023 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...